TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 167

16.

in the Respondent State has suggested that the impugned interference with freedom of expression

of expression could be

could be removed

without serious adverse consequences; and of the breadth of

the restriction upon freedom of expression the greater the

breadth, the closer the scrutiny called for: Sunday Times

case, paragraphs 59, 60, and 63.

(9) The greater the public interest in unfettered

communication of the relevant matters, the more difficult it

will be for the State to justify the restrictions it has

imposed: Sunday Times case, paragraph 65. Indeed, where the

public has 'a vital interest in knowing' what the State has

decided to prevent being communicated, the State needs to show that it is 'absolutely certain' that free expression would have the adverse consequences alleged by the State:

Sunday Times case, paragraph 66.

(10) Another relevant factor is the practice of other States parties to the

the Convention. If the Respondent State's

practice is unusually restrictive in comparison with

practice in the other States parties, this will obviously

increase the prospects of establishing a breach. If the

restraints upon free expression are 'sanctions and

preventive measures of an unusual kind the question of

their justification

to be considered with special

care': De Becker, Report of the Commission of 8th January

1960, paragraph 263.

has to be

I should expect the following further factors to be regarded

as relevant:

-

(i) the type of media through which the communication is

expressed it probably being easier to justify restrictions

in relation to communication which is directed into the home

(for example, by way of television) than in relation to

communications which Occur at a political meeting in a public hall or through a newspaper; and

(ii) the type of information, idea, or opinion which would

be communicated but for

for the restriction imposed by the

State. It is probable that the European Court would apply a

scale of protected

expression, with political,

14