Article 10: freedom of expression | AQA A-Level Law
For Specification 7162
AQA A-Level Law | Free Revision Notes
Estimated study time: 60 minutes
Article 10 of the European Convention on Human Rights (ECHR) protects freedom of expression, including the freedom to receive and communicate information and ideas. These Article 10: freedom of expression A-Level Law revision notes explain the broad meaning of expression, the protection given to political, journalistic, artistic and protest activity, and the important limits on the right to receive information. Article 10 builds on the Convention framework established through The Human Rights Act 1998 [Lesson 169. The Human Rights Act 1998] and is frequently tested through factual scenarios involving public authorities, protest and publication.
Learning Objectives 🎯
By the end of this revision page, you should be able to:
Explain the protection provided by Article 10.1.
Explain the right to receive information and ideas.
Explain the right to communicate information and ideas.
Identify different forms of conduct capable of amounting to expression.
Apply Article 10.1 accurately to factual scenarios involving speech, publication, protest and access to information.
Revision Notes 📚
What does Article 10.1 protect?
The AQA specification requires knowledge of:
Article 10.1, the right to freedom of expression
the right to receive information and ideas
the right to communicate information and ideas.
The Convention commonly describes communication as the freedom to impart information and ideas.
Article 10 therefore protects both sides of communication:
Aspect of Article 10.1 | What it protects |
Receiving information and ideas | Obtaining information or ideas that others are willing to communicate |
Communicating information and ideas | Expressing, publishing or otherwise passing information or ideas to others |
This makes Article 10 broader than a simple right to speak.
Freedom of expression is broader than speech
A common mistake is to assume that "expression" means only spoken or written words.
It does not.
AQA's 2024 examiner report specifically explains that Article 10 expression can extend to artistic works and expressive acts, giving theatre performances as an example.
Expression can therefore include different ways of communicating an idea.
Examples recognised within AQA assessment materials include:
spoken statements
written material
journalism
political expression
banners and protest slogans
artistic works
expressive conduct.
The key question is whether the activity is being used to communicate information, an idea, opinion or message.
Article 10 and protest
Protest often involves both:
freedom of expression under Article 10
freedom of peaceful assembly under Article 11.
These rights can operate together.
For example, protestors carrying banners are communicating a message and therefore exercising freedom of expression.
In the 2025 examination report, AQA noted that some students recognised Article 10 only when protestors were shouting inside a zoo. The report pointed out that banners used during an earlier protest were also clearly a form of expression.
This leads naturally into Article 11: assembly and association [Lesson 177. Article 11: assembly and association].
Example
A group stands peacefully outside a council building carrying placards opposing a proposed development.
The placards communicate ideas about the development.
Article 10.1 is therefore engaged even if nobody makes a speech.
Article 11 may also be relevant because the individuals are assembling together.
The content of an expression does not have to be popular
Article 10 does not protect only polite, popular or widely accepted opinions.
A central case is Handyside v UK.
AQA mark schemes and examiner reports use Handyside to support the principle that freedom of expression can extend to information and ideas that offend, shock or disturb.
This is important because meaningful freedom of expression would provide little protection if it applied only to views with which everyone already agreed.
Example
A campaigner makes a peaceful speech strongly criticising government policy.
Many listeners find the speech offensive and provocative.
The fact that the audience dislikes or is offended by the views does not, by itself, mean the speech falls outside Article 10.1.
The first conclusion should be:
The speech is an exercise of freedom of expression under Article 10.1.
Whether interference with that speech could subsequently be justified is a separate issue.
Handyside v UK and Article 10.1
Handyside v UK is especially useful in examination answers because it demonstrates the breadth of the right.
It can support the argument that Article 10 protects:
controversial ideas
unpopular opinions
expression that causes offence
expression that disturbs sections of society.
This does not mean every form of expression can be exercised without restriction.
Article 10 is a qualified right, and Article 10.2 allows certain restrictions. Those restrictions are studied in Restrictions under Articles 8, 10 and 11 [Lesson 178. Restrictions under Articles 8, 10 and 11].
For this lesson, remember the order:
decide whether Article 10.1 is engaged
identify the expression or information involved
consider restrictions only as a separate stage.
Political expression
Political expression receives particularly significant protection under Article 10.
AQA's 2021 mark scheme explains that expression which is political and connected with the pursuit of truth and democratic debate is likely to be regarded as particularly worthy of protection.
The 2023 examiner report similarly praised students who recognised that political views receive a high level of protection.
Example
A resident publicly criticises the voting record of their local Member of Parliament.
The criticism may be harsh and unpopular, but it is political expression contributing to public debate.
Article 10.1 is clearly engaged.
Why political expression matters
Freedom of expression contributes to a democratic society because it allows:
ideas to be debated
political decisions to be criticised
information to be circulated
different viewpoints to compete
individuals to participate in public discussion.
AQA's 2020 mark scheme links freedom of expression with open discussion, the pursuit of truth and the functioning of democratic society.
This does not make political expression unlimited, but it helps explain why Article 10 provides it with substantial protection.
Journalism and matters of public concern
Article 10 is also important to journalists.
AQA directly tested the principle in 2023 that freedom of expression receives strong protection where journalists deal with issues of public concern.
Journalists both:
receive information, from sources and others
communicate information, through publication.
Article 10 can therefore operate on both sides of journalistic activity.
Example
A journalist receives evidence concerning the conduct of a prominent public official and intends to publish a report about it.
Article 10.1 may be engaged because the journalist is:
receiving information
intending to communicate that information
contributing to a matter of public debate.
If the material also concerns another person's privacy, Article 8 may become relevant. That relationship begins with Article 8: privacy [Lesson 175. Article 8: privacy] and is developed later in Balancing privacy and expression [Lesson 190. Balancing privacy and expression].
The right to receive information and ideas
Article 10.1 expressly protects the freedom to receive information and ideas.
This means freedom of expression is not only about the speaker or publisher.
The person listening, reading or otherwise receiving the information also has an Article 10 interest.
Example
A public meeting takes place about a controversial local policy.
Article 10 protects:
the speakers who communicate their views
the audience members who wish to receive those views.
This two-sided nature of Article 10 is useful when analysing factual scenarios.
Receiving existing information
The right to receive information can apply where information already exists and another person or body is willing to communicate it.
However, AQA has tested an important limit:
Article 10 does not generally require a public authority to create new information simply because someone wishes to receive it.
This was the central issue in the 2023 examination.
Guerra v Italy and the creation of information
Guerra v Italy is used in AQA assessment material to explain the scope of the right to receive information.
The 2023 examiner report states that Article 10's freedom to receive information relates to information that others are willing to impart. It does not impose a general obligation on a public authority to:
undertake research
generate new information
then communicate that newly created information.
This distinction is highly examinable.
Existing information versus new information
Compare the following situations.
Scenario A
A council has already produced a report and is willing to make it available at a public meeting.
Students attending the meeting have an Article 10 interest in receiving the information being communicated.
Scenario B
A campaigner demands that the council conduct completely new research into traffic pollution because the campaigner would like the results.
Article 10.1 does not, simply because the campaigner wants the information, create a general duty requiring the council to generate it.
This was exactly the type of distinction AQA expected students to recognise in 2023.
Do not confuse receiving information with creating information
A good examination sentence is:
Article 10.1 protects the freedom to receive information and ideas, but this does not generally require a public authority to create or generate information which does not yet exist.
A weaker statement would be:
Article 10 gives everyone the right to demand any information they want.
That is too broad.
Communicating information and ideas
Article 10.1 also protects the freedom to communicate, or impart, information and ideas.
This can include communicating:
facts
opinions
political arguments
criticism
journalistic material
artistic messages
protest slogans.
The protection is not confined to formal publications.
Spoken expression
The clearest example is speech.
A person addressing a meeting, speaking during a protest or expressing an opinion in public may be exercising an Article 10 right.
Example
Tariq gives a speech in a public park criticising a proposed law.
His speech plainly communicates ideas.
Article 10.1 is engaged.
Written expression
Written communication is also covered.
For example:
articles
pamphlets
posters
banners
written political material.
AQA's protest questions demonstrate that written slogans on banners are capable of being Article 10 expression.
Artistic expression
Article 10 can extend beyond conventional speech and writing.
AQA's 2024 examiner report specifically states that expression includes artistic works and expressive acts such as theatre performances.
Example
A theatre company stages a performance criticising government policy.
The performance can fall within Article 10 even though the message is communicated through drama rather than a political speech.
Expressive acts
Conduct itself can sometimes communicate an idea.
AQA's examiner material makes clear that the legal concept of expression is not confined to words.
When applying Article 10, ask:
Is the person's conduct being used to communicate a message or idea?
If so, Article 10.1 may be engaged.
Expression during demonstrations
Demonstrations are a particularly important example because Article 10 and Article 11 frequently overlap.
Suppose protestors:
chant slogans
give speeches
carry banners
distribute written material.
Each of these acts can communicate information or ideas.
AQA's 2023 report explains that protests provided the means by which protestors expressed their opinions, so both Article 10 and Article 11 were engaged.
Article 10 protects unpopular political disagreement
A person does not lose Article 10 protection merely because their expression strongly disagrees with another person's views.
In AQA's 2023 protest scenario, students appropriately recognised that protesters could communicate political disagreement and ideas that might offend or disturb others.
The correct approach is therefore not:
The speech offended someone, so Article 10 does not apply.
Instead:
The expression falls within Article 10.1. Any State restriction must then be analysed separately.
Article 10 and public authorities
The Human Rights Act framework matters when considering who may interfere with Article 10 rights.
Public authorities, such as the police, are required to act compatibly with Convention rights.
This means police action can interfere with Article 10 where, for example, officers:
stop a speech
impose conditions affecting expressive activity
remove protestors
arrest someone because of expressive conduct.
AQA's recent Human Rights papers repeatedly use police restrictions on protest to test this principle.
Identifying an interference
An interference occurs where a public authority restricts a person's exercise of Article 10.1.
For example:
preventing publication
stopping a person speaking
removing a protest banner
restricting a demonstration which communicates political views
arresting a person in connection with expressive activity.
At this stage, you are identifying that Article 10 is engaged.
You are not yet deciding that the public authority has violated Article 10.
Interference does not automatically mean breach
This is a vital distinction.
Article 10 is a qualified right.
Therefore:
Interference with Article 10.1 is not automatically a violation of Article 10.
The State may be able to justify the interference under Article 10.2.
Those permitted restrictions are studied in Restrictions under Articles 8, 10 and 11 [Lesson 178. Restrictions under Articles 8, 10 and 11].
The English law affecting expression is developed further in Expression [Lesson 188. Expression].
Article 10 and Article 8 can conflict
Freedom of expression may conflict with another person's right to privacy under Article 8.
For example:
a journalist wants to publish information
the person concerned wants the information to remain private.
The journalist may rely on Article 10 while the subject relies on Article 8.
AQA mark schemes make clear that neither Article 8 nor Article 10 automatically takes priority over the other.
The detailed balancing exercise belongs to Balancing privacy and expression [Lesson 190. Balancing privacy and expression].
For this lesson, the key point is simply:
Publication can be an exercise of Article 10 even where it potentially conflicts with another Convention right.
Article 10 and private individuals
Article 10 does not mean that every disagreement between two private people immediately becomes a direct Human Rights Act claim.
The Convention obligations principally operate against the State and public authorities.
However, Article 10 can still become relevant in disputes between private individuals because courts themselves are public authorities and may have to take Convention rights into account.
This is particularly important in disputes involving privacy and publication.
The detailed domestic law is covered in Expression [Lesson 188. Expression] and Balancing privacy and expression [Lesson 190. Balancing privacy and expression].
A practical Article 10.1 test
When applying Article 10 to a scenario, use the following sequence.
Step 1: identify the expression
Ask:
What information, idea, opinion or message is involved?
Be specific.
For example:
The banner communicates the group's opposition to the council's proposal.
is better than:
They were expressing themselves.
Step 2: decide whether the person is receiving or communicating
Is the individual:
receiving information or ideas?
communicating information or ideas?
doing both?
Journalists, protest organisers and audiences can sometimes be involved in both aspects.
Step 3: identify the form of expression
Expression might be:
spoken
written
journalistic
political
artistic
part of a protest
another expressive act.
Remember that it does not have to consist of words alone.
Step 4: consider the content
If the expression is offensive, controversial or unpopular, remember Handyside v UK.
Such characteristics do not automatically place the expression outside Article 10.
Step 5: consider whether it involves public debate
Political expression and journalism on matters of public concern receive significant protection.
Use this fact where relevant to the scenario.
Step 6: if receiving information, ask whether it exists
If someone claims a right to receive information, distinguish:
access to information which exists and is available to be communicated
a demand that another person or authority create new information.
Use Guerra v Italy for this distinction.
Step 7: identify any State interference
Ask what the public authority has actually done:
stopped the speech?
restricted the protest?
prevented publication?
arrested the speaker?
State the interference precisely.
Step 8: stop at the correct point
If the question is about Article 10.1, do not assume that interference equals breach.
A complete wider Article 10 problem would next require Article 10.2, which is covered in Restrictions under Articles 8, 10 and 11 [Lesson 178. Restrictions under Articles 8, 10 and 11].
Worked example: receiving information
Scenario
Council planners change the road system in a town. Local campaigner Elsa believes the changes have increased pollution. The council has carried out no study into the environmental effects. Elsa claims Article 10 requires the council to commission a scientific study and publish the findings.
Application
Article 10.1 includes the freedom to receive information and ideas.
However, the information Elsa wants does not yet exist.
The principle illustrated by Guerra v Italy is that Article 10 does not generally require a public authority to undertake research and generate entirely new information simply so that another person can receive it.
Elsa's Article 10 argument is therefore unlikely to succeed on this basis.
Worked example: communicating ideas
Scenario
A group peacefully protests outside a government building. Members carry signs reading "Protect Our Parks" and distribute leaflets explaining their opposition to a development project. Police order them to remove all signs.
Application
Article 10.1 is engaged because:
the signs communicate a political message
the leaflets communicate information and ideas
the protest concerns an issue of public debate.
Removing the signs interferes with the group's exercise of Article 10.
Article 11 may also be engaged because the group is assembling together.
Whether the police can justify the interference requires a separate Article 10.2 analysis.
Key Words 🔑
Key word | Student-friendly definition | How it may be used in an exam |
Freedom of expression | The Article 10 right to express and exchange information, opinions and ideas. | Identify Article 10 where speech, publication, protest or other expressive activity is restricted. |
Receive | To obtain information or ideas which another person is willing to communicate. | Apply it where someone wants access to information or to hear another person's views. |
Communicate | To pass information or ideas to others, described in the Convention as the freedom to impart them. | Apply it to speech, writing, journalism, banners, artistic works and other expressive conduct. |
Political expression | Communication of views concerning political or public issues. | Recognise that AQA materials treat political debate as receiving particularly significant Article 10 protection. |
Interference | State action which restricts the exercise of freedom of expression. | Identify the precise action before separately considering whether it can be justified. |
Hints from the Examiner Reports 💡
Examiner hint: Do not define expression too narrowly. In 2024, AQA specifically noted that Article 10 is not limited to spoken and written words, but can include artistic works and expressive acts such as theatre performances.
Examiner hint: Apply Article 10 to every relevant act of expression in the scenario. The 2025 report noted that some students recognised Article 10 when protestors shouted slogans but overlooked banners used during an earlier protest. Banners can communicate ideas too.
Examiner hint: Know the difference between receiving existing information and demanding the creation of new information. In 2023, stronger students recognised that Article 10 protects the receipt of information that others are willing to communicate but does not generally compel a public authority to conduct research and generate new information.
Examiner hint: Keep your answer focused on the Article named in the question. In the 2023 Article 10 question, some students drifted into an unnecessary discussion of Article 8 rather than addressing the specific issue concerning the right to receive information.
Examiner hint: Remember Handyside v UK when dealing with unpopular expression. AQA examiner reports praise accurate recognition that Article 10 can protect ideas which offend, shock or disturb and that political expression attracts strong protection.
Examiner hint: Mix law and application. AQA's 2024 report identified stronger responses as those which explained relevant law and applied it directly to individual facts rather than giving a long block of law followed by a brief conclusion.
Common Mistakes ⚠️
Mistake: Saying Article 10 protects only spoken or written words
Why this is incorrect: AQA confirms that expression can include artistic works and expressive acts. Protest banners are also capable of communicating ideas.
How to improve: Ask whether the conduct communicates a message rather than asking only whether words were spoken.
Mistake: Forgetting the right to receive information
Why this is incorrect: Article 10 protects both sides of expression. The audience or recipient may have an Article 10 interest as well as the speaker.
How to improve: In every scenario, ask who is communicating and who is receiving the information or ideas.
Mistake: Saying Article 10 forces public authorities to produce any information requested
Why this is incorrect: The freedom to receive information does not generally impose a duty to create new information that does not yet exist.
How to improve: Use Guerra v Italy and distinguish existing information from information the claimant wants generated.
Mistake: Assuming offensive ideas fall outside Article 10
Why this is incorrect: Handyside v UK demonstrates that Article 10 can protect ideas that offend, shock or disturb.
How to improve: Identify the expression as protected first. Any potential restriction is a separate issue.
Mistake: Missing Article 10 in a protest question
Why this is incorrect: A protest is often a means of communicating ideas. Article 10 can apply alongside Article 11.
How to improve: Look for banners, slogans, speeches, leaflets and other ways in which the protestors communicate their message.
Mistake: Treating interference as an automatic Article 10 violation
Why this is incorrect: Article 10 is a qualified right. A restriction may potentially be justified under Article 10.2.
How to improve: Use precise language: first identify an interference with Article 10.1, then consider justification separately.
Exam-Style Questions ✍️
Question 1
Which one of the following statements about Article 10 is correct?
A. Expression is limited to spoken and written words.
B. Article 10 protects only the person communicating information.
C. Article 10 protects the freedom both to receive and to communicate information and ideas.
D. Offensive political opinions automatically fall outside Article 10.
[1 mark]
Question 2
State the two aspects of freedom of expression specifically identified by AQA under Article 10.1.
[2 marks]
Question 3
Explain why a theatre performance may fall within Article 10.1 even though it is not conventional spoken political debate.
[4 marks]
Question 4
A campaign group peacefully stands outside Parliament carrying banners stating, "Stop the New Law". Members also hand leaflets to passers-by explaining their objections.
Explain how Article 10.1 applies to the group's actions.
[5 marks]
Question 5
A university already holds a report about proposed changes to its campus. It announces that students may attend a meeting at which the findings will be presented. A public authority attempts to prevent students attending solely because it dislikes criticism of the proposals.
Explain why Article 10.1 may be engaged.
[5 marks]
Question 6
A local council changes traffic routes in a town. Campaigner Ravi believes the changes have increased air pollution. The council has never carried out any research into the environmental effects. Ravi argues that Article 10 requires the council to commission a new scientific study and give him the results.
Advise Ravi whether Article 10.1 gives him the right he claims.
[5 marks]
Question 7
Nadia gives a peaceful speech in a public square strongly criticising government policy. Some members of the public complain that her comments are offensive and disturbing. Police stop the speech solely because of these complaints.
Advise Nadia on the application of Article 10.1.
[10 marks]
Question 8
A group opposing the closure of a hospital holds a peaceful demonstration. Members carry banners, give speeches and distribute leaflets. Police allow the banners but order the group to stop giving speeches and handing out leaflets.
Analyse how Article 10.1 applies to the facts.
[10 marks]
Question 9
Journalist Kay receives documents from a source concerning the conduct of a prominent public official. Kay intends to use the information in an article about the official's actions in office. A public authority prevents publication before the article appears.
Explain the Article 10.1 issues raised.
[10 marks]
Answers and Indicative Mark Scheme
Question 1
Answer: C.
Article 10.1 protects both receiving and communicating information and ideas.
[1 mark]
Question 2
Award one mark for each:
the right to receive information and ideas
the right to communicate information and ideas.
Maximum: 2 marks.
Question 3
Indicative content:
Article 10.1 protects freedom of expression.
Expression is not restricted to conventional speech or writing.
Artistic works and expressive acts can communicate information and ideas.
A theatre performance may communicate an artistic, social or political message.
AQA examiner material expressly recognises theatre performances as capable of amounting to expression.
Maximum: 4 marks.
Question 4
Indicative content:
Article 10.1 protects communicating information and ideas.
The words on the banners communicate the group's opposition to the proposed law.
The leaflets communicate further information and arguments.
The political nature of the message strengthens the relevance of Article 10.
Article 10 is therefore clearly engaged.
Article 11 may also apply because the individuals are assembling together.
Maximum: 5 marks.
Question 5
Indicative content:
Article 10.1 includes the freedom to receive information and ideas.
The university report already exists.
The university is willing to communicate its findings.
Students wish to attend in order to receive that information.
Preventing attendance interferes with their ability to receive the information.
Any question of whether that interference is justified would require the later Article 10.2 analysis.
Maximum: 5 marks.
Question 6
Indicative content:
Article 10.1 protects the freedom to receive information and ideas.
However, Ravi is not seeking access to information which already exists.
He wants the council to carry out research and generate new information.
AQA's treatment of Guerra v Italy establishes that Article 10 does not generally impose an obligation on a public authority to create new information and then disseminate it.
Ravi is therefore unlikely to succeed in claiming that Article 10.1 requires the council to conduct the study.
Maximum: 5 marks.
Question 7
Indicative content:
AO1
Article 10.1 protects freedom of expression.
Political expression is strongly protected.
Handyside v UK establishes that Article 10 extends to ideas capable of offending, shocking or disturbing.
AO2
Nadia is peacefully communicating political criticism.
The speech contributes to public debate.
The fact that some members of the public find it offensive does not remove it from Article 10.1.
Police stopping the speech is an interference by a public authority.
AO3
Nadia clearly has an Article 10 interest.
The police cannot establish that Article 10.1 is inapplicable simply because listeners are offended.
Whether the interference can nevertheless be justified is a separate Article 10.2 question.
Maximum: 10 marks.
Question 8
Indicative content:
AO1
Article 10.1 protects communication of information and ideas.
Expression can occur through different forms, including speech, written material and expressive protest.
Article 10 can operate alongside Article 11.
AO2
The banners communicate opposition to hospital closure.
The speeches communicate the group's ideas orally.
The leaflets communicate information in written form.
All three therefore involve Article 10 expression.
The police have interfered with the speeches and leaflets even though the banners remain permitted.
AO3
A strong answer should identify each separate interference rather than treating the demonstration as one undifferentiated event.
Article 10.1 is engaged in relation to both restrictions.
The fact that some expression remains possible does not mean that no interference has occurred.
Whether each interference is justified requires separate consideration under Article 10.2.
Maximum: 10 marks.
Question 9
Indicative content:
AO1
Article 10.1 protects both receiving and communicating information and ideas.
Journalism concerning matters of public concern receives strong Article 10 protection.
Publication is a form of communication.
AO2
Kay has received information from a source.
Kay intends to communicate that information through an article.
The subject concerns the conduct of a public official and therefore contributes to public debate.
Preventing publication is an interference with Kay's freedom of expression.
AO3
Article 10.1 is strongly engaged because both receipt and intended communication of information are involved.
The public-interest nature of the journalism strengthens the significance of the right.
This does not automatically establish an Article 10 violation because restrictions may potentially be justified under Article 10.2.
Maximum: 10 marks.
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