The Right to Freedom of Expression

30th June 2026

The Right to Freedom of Expression

What is the right to freedom of expression?

The right to freedom of expression is outlined in Article 10 of the European Convention on Human Rights (ECHR), which was incorporated into UK law by the Human Rights Act 1998. Article 10 of the ECHR states:

“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”

The term ‘freedom of expression’ is used rather than ‘freedom of speech’ because the protection afforded by Article 10 covers not only speech, but also other forms of expression, such as gestures, photographs, wearing certain clothes. It can even include ‘liking’ something on social media.

Why freedom of expression is important

The right to express our opinions and to speak freely means that we can suggest ideas, ask questions and challenge the currently accepted way of doing things. This, in turn, can lead to changes in society, including the way services are provided and how decisions are made. One of the core features of a functioning democracy is that citizens are able to express freely their opinions on how they would like to be governed and what the government and public bodies should (and should not) do. Protecting freedom of expression means all voices and perspectives can be heard and considered. This improves decision-making and representation. Freedom of expression also enables scrutiny of those in positions of power in public life, which can expose abuses of power and corruption.

While we may disagree with a view expressed by someone else, this does not mean they do not have the right to express it. This can be a particularly challenging concept to accept, especially if an individual is expressing beliefs or opinions, with which we disagree fundamentally, on contentious or polarising issues such as ones concerning immigration, sex and gender or the cost of living. It is important to understand that trying to prevent others from expressing such views can undermine democracy and prevent legitimate scrutiny.

Limits on the right to freedom of expression

It should be noted, however, that Article 10 does not protect forms of expression that amount to verbal abuse, harassment or incite hatred against another person or group on the basis of their race or religion.

Article 10 is also a qualified right. This means that an individual’s freedom of expression can be subject to restrictions in certain circumstances; for example, to protect the rights and reputations of others, to prevent the disclosure of confidential information or to protect national security. The Courts have held, however, that any restrictions placed on an individual’s right to freedom of expression must be necessary and proportionate.

Freedom of expression and the Ethical Standards Framework in Scotland

The Codes of Conduct for councillors and members of devolved public bodies in Scotland require councillors and members to treat others with respect, and to refrain from bullying and harassment. It is important to note that the Codes are not there to restrict councillors’ and members’ ability to express themselves freely, or to limit them in scrutinising, debating and putting forward ideas. They simply are required to act respectfully and in a manner that doesn’t harm others or bring their council or public body into disrepute when doing so. They are also required to refrain from making public criticisms of the conduct, capability or performance of any individual employee of their council or public body.

If councillors or members do not comply with the Codes’ provisions in this regard, then it may be necessary and proportionate to place a restriction on their freedom of expression.

All of this means that it is unlikely a complaint will be considered as being admissible for investigation if it is simply the case that the individual complaining does not agree with, or like, a view a councillor or member has expressed, in a respectful manner (for example their opinion on a matter of public interest). This is, of course, provided there is no suggestion of any breach of other potentially applicable provisions in the Codes, such as the ones concerning confidentiality or prohibiting the public criticisms of the conduct, capability or performance of any individual council or public body employee.

Further information

The Standards Commission has produced Advice Notes for both councillors and members of devolved public bodies on the Application of Article 10, which can be found here:  

These Advice Notes set out the approach the Standards Commission will take when matters regarding a councillor’s or board member’s freedom of expression arise.