The European Convention on Human Rights: Copyright Implications

Originally published on Mondaq, April 2002

Article 10 (1) of the European Convention, reflecting the Universal Declaration of Human rights proclaimed by the General Assembly of the United Nations on 10th December 1948, states: Everyone has the right to freedom of expression.

Article 10 (2) continues: The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, for the prevention of disorder or crime, for the protection of morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.¹