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Handyside v United Kingdom

International and Comparative Law

Handyside v United Kingdom was a 1976 decision of the European Court of Human Rights holding that the United Kingdom's seizure and prosecution of the publisher of a book under obscenity law did not violate the right to freedom of expression under the European Convention on Human Rights. The Court reasoned that states enjoy a margin of appreciation in regulating public morals given the absence of any uniform European conception of morality, while affirming that freedom of expression protects not only ideas that are favourably received but also those that offend, shock or disturb the state or any sector of the population. It became the founding case for the European Court's margin of appreciation doctrine, which continues to shape how the Court reviews member states' restrictions on Convention rights.

Facts
Decision Year
1976 2
Decision Date
1976-12-07 3
Holding
The court did not find for the applicant, who had been fined for publishing a book deemed obscene, while holding that freedom of expression protects ideas that offend, shock or disturb the state or any sector of the population, not only inoffensive ones. 2
Case Status
Case Status (category)
Controlling Precedent 1
Connections

Decided By

Decided by the European Court of Human Rights, 1976.

Established

First articulated by the European Court of Human Rights in Handyside v. United Kingdom (1976), giving states a margin of discretion in applying Convention rights domestically. No legal-system entity for a regional or international law family exists in this atlas, so no in-legal-system edge is written for this doctrine.

In Legal System

Source Handyside v United Kingdom (Wikipedia)
In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Wikidata: Handyside v United Kingdom
Source: landmark ECtHR free-expression case, still cited for its core holdingView the Source
2. Handyside v United Kingdom (Wikipedia)
Wikipedia
  • Lead section, opening sentence
    Handyside v United Kingdom (5493/72) was a landmark case decided by the European Court of Human Rights in 1976.
  • Lead section, block quotation
    Freedom of expression ... is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population.
  • In Legal System: Public International Law, lead paragraph, states the instrument or body is international
    Handyside v United Kingdom (5493/72) was a landmark case decided by the European Court of Human Rights in 1976.
  • In Group: European Union Law and European Human Rights Court Cases, Introduction, sentence 1
    Handyside v United Kingdom (5493/72) was a landmark case decided by the European Court of Human Rights in 1976.
View the Source
3. Handyside v United Kingdom (Wikipedia)
Infobox, citation
Quote, Infobox, citation
[1976] ECHR 5493/72 (7 December 1976)
View the Source
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