RELEVANT DOMESTIC LAW AND PRACTICE
EUROPEAN UNION INSTRUMENTS
AS TO THE LAW
(a) Arguments of those appearing before the Court
(b) The Reasoning of the Court
21.The Court is persuaded by the arguments of ARTICLE 19, which is a third-party to the suit regarding the opinion of the United Nations Special Rapporteur on freedom of expression regarding expression of religious issues or ideas. According to the Rapporteur, religious defamations as a concept does not meet the international standards of defamation, as it relates to the protection of the reputation of others as religions like all beliefs cannot be considered to have specific reputations of their own. Therefore, the Rapporteur was of the opinion that the Court is inclined to that restrictions or limitations that are placed on the right to freedom of expression should have limited scope regarding protection of overriding interest and social interest, thus should not be used to protect certain specific institutions or abstract concepts, notions or beliefs, which includes ones that are related to religion.
FOR THESE REASONS
The convention under Article 19 provides for two main rights. First, it gives people the right to hold opinions without any references being made to such opinions. Second, it provides for the right of people to express themselves freely, which includes receiving, seeking, and imparting ideas or information of different kinds, printed, written or orally or any other forms of media one may choose to use, regardless of the frontiers. More so, the Article provides that for people exercising he right to freedom of expression, they must understand that there are certain responsibilities and duties that such a right bear. As a result, the right under certain circumstances can be limited, but to such extent as provided by the law and are necessary. What is considered necessary as per the article regarding limitation of the right, inter alia, for the purposes of protecting and respect of the reputations or rights of others.