Sunday Times Case

In: International law reports, Band 58, S. 490-560

Abstract

490The individual in international law — Human rights and freedoms — European Convention for Protection of — Freedom of expression — Restriction imposed by contempt of court proceedings on Applicants' desire to publish information and comment on aspects of the drug thalidomide and its noxious and deforming effects — Whether restriction justifiable — Article 10Whether Court had jurisdiction to consider not only English court injunction but also alleged continuing restraints caused by supposed overbreadth and lack of precision of English law of contempt — Jurisdiction limited to matters lodged with and accepted by the CommissionQuestion whether the interference with freedom of expression was "prescribed by law" — "Law" comprehends both legislation and "unwritten" law — Interpretation of a law-making treaty whose equally authentic versions are not exactly the same — Law must be adequately accessible and formulated with sufficient precision for citizen to regulate his conduct — Despite measure of uncertainty in English law and divergent approaches thereto of English courts it was reasonably foreseeable that publication might fall foul of contempt lawWhether interference had aims which were legitimate under Article 10 (2) — Aim of maintaining the "authority of the judiciary" — This phrase comprises the machinery of justice as well as the judges in their official capacityQuestion whether interference was "necessary in a democratic society" for maintaining the authority of the judiciary — Meaning of "necessary" — "Margin of appreciation" afforded to Governmental authorities — Supervisory power not limited to ascertaining whether a respondent State exercised its discretion reasonably, carefully and in good faith — Scope of domestic power of appreciation not identical as regards each aim listed in Article 10(2) — Contrast in that regard between Handyside case as to the aim of "protection of morals" and that before the Court — Authority of the judiciary a more objective notion — More extensive European supervision — International standards do not mean uniformity — Question whether Governmental action regarding the injunction corresponded to a "pressing social need" — Breadth of scope of the injunction — Nature of the proposed newspaper article — Overall context of the proposed publication — Discharge of injunction in 1976 — Questions prompted thereby — Need to balance public interest at large with the requirements of the fair administration of justice — Article 10 guarantees not only freedom of the press to 491inform the public but also the right of the public to be properly informed — Restraint not proportionate to the legitimate aim pursuedNon-discrimination in respect of secured rights — No evidence of discrimination — Article 14Improper use of restrictions — Issue not pursued — Article 18Just satisfaction — Question not ready for decision — Article 50