A public statement shocks its audience and someone asks the state to punish the speaker. Article 10 of the European Convention on Human Rights begins the legal inquiry by protecting expression, including ideas that may shock, disturb, or offend. The protection covers receiving information as well as speaking, because public debate depends on listeners and readers encountering difficult claims.
Protection does not end the inquiry. A restriction must be prescribed by law, pursue a legitimate aim such as protecting another person's reputation or rights, and be necessary in a democratic society. Necessity requires relevant and sufficient reasons, while proportionality asks whether the response fits the harm. A valid aim cannot substitute for those later questions.
Context then changes the answer. Political speech and debate on public affairs receive strong protection. Courts may examine the speaker's role, the target, the form of the statement, and its likely impact. They also distinguish a factual allegation, which can be tested against evidence, from a value judgment, whose truth is not proved in the same manner.
In defamation proceedings, this distinction can shape a defence. The guide explains that a defence of truth applies to factual allegations, which can be proved, but not to comments or value judgments in the same way. Calling a statement an opinion still does not settle the case: a value judgment may need a sufficient factual basis. Together, these checks help courts defend lawful expression without shielding every assertion from scrutiny.
The severity of the penalty also enters the balance. The guide says a prison sentence for a press offence is compatible with freedom of expression only in exceptional circumstances, such as hate speech or incitement to violence. A heavy sanction may discourage people beyond the original speaker from joining public debate—a possible chilling effect. The court weighs that wider consequence alongside concrete harm and the speaker's conduct. Its judgment remains tied to this speech, this harm, and this response.