About Us
The Standards Commission is an independent body whose purpose is to encourage high ethical standards in public life through the promotion and enforcement of Codes of Conduct for councillors and those appointed to the boards of devolved public bodies.
Advice Notes on Article 10 of the European Convention on Human Rights (the right to freedom of expression)
16th October 2024
The Standards Commission has made some minor amendments to its Advice Notes on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The amendments make it clear that while the Courts have held that councillors and members of public bodies can be entitled to enhanced (greater) protection to their right to freedom of expression when they are commenting on political issues or matters of public interest and concern, only a degree of the offensive, shocking and, exaggerated (that would not be acceptable outside that context), will be tolerated.
The Advice Notes also make it clear that decisions made by the Courts, and by Hearing Panels of the Standards Commission that concern whether a restriction on an individual’s right to freedom of expression can be justified, are entirely dependent on context and the facts and circumstances of each individual case. The Advice Notes can be found here: https://www.standardscommissionscotland.org.uk/education-and-resources/professional-briefings
