26
4.
Notwithstanding the provisions of paragraph 2 above, public entertainments
may be subject by law to prior censorship for the sole purpose of regulating access to
them for the moral protection of childhood and adolescence.
5.
Any propaganda for war and any advocacy of national, racial or religious hatred
that constitute incitements to lawless violence or to any other similar illegal action
against any person or group of persons on any grounds including those of race, color,
religion, language, or national origin shall be considered as offenses punishable by law.
64.
With regard to the content of the right to freedom of thought and expression,
those who are protected by the Convention not only have the right and the freedom
to express their own thoughts, but also the right and freedom to seek, receive and
impart information and ideas of all kinds. Consequently, freedom of expression has
an individual and a social dimension:
It requires, on the one hand, that no one be arbitrarily limited or impeded in expressing
his own thoughts. In that sense, it is a right that belongs to each individual. Its second
aspect, on the other hand, implies a collective right to receive any information
whatsoever and to have access to the thoughts expressed by others.16
65.
With regard to the first dimension of the right embodied in the said article,
the individual one, freedom of expression is not exhausted in the theoretical
recognition of the right to speak or write, but also includes, inseparably, the right to
use any appropriate method to disseminate thought and allow it to reach the
greatest number of persons. In this respect, the expression and dissemination of
thought and information are indivisible, so that a restriction of the possibilities of
dissemination represents directly, and to the same extent, a limit to the right to free
expression.
66.
Regarding the second dimension of the right embodied in Article 13 of the
Convention, the social element, it is necessary to indicate that freedom of expression
is a way of exchanging ideas and information between persons; it includes the right
to try and communicate one’s point of view to others, but it also implies everyone’s
right to know opinions, reports and news. For the ordinary citizen, the knowledge of
other people’s opinions and information is as important as the right to impart their
own.
67.
The Court considers that both dimensions are of equal importance and should
be guaranteed simultaneously in order to give total effect to the right to freedom of
thought and expression in the terms of Article 13 of the Convention.
68.
As the cornerstone of a democratic society, freedom of expression is an
essential condition for society to be sufficiently informed.
69.
The European Court of Human Rights has indicated that:
[The] supervisory function [of the Court] signifies that [it°] must pay
great attention to the principles inherent in a ‘democratic society’.
Freedom of expression constitutes one of the essential bases of such a
society, one of the primordial conditions for its progress and for the
development of man. Article 10(2) [of the European Convention on
16
Compulsory membership in an Association Prescribed by Law for the Practice of Journalism
(Articles 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13,
1985. Series A No.5, para. 30.