Recommendation 43

In our view, the rights contained in Article 10 should not be severed—the right to receive information is equally as important as the right to impart information. Nor should free speech be placed on a pedestal over and above other potentially competing rights. The fundamental principle underlying qualified Convention rights is that they are equal and must be weighed against each other. We do not believe that a case has been made out that freedom of speech should prevail over other rights in a selective manner. Unless the Government is prepared to reconsider clause 4, we would like to see it removed from the Bill (see Annex, Amendment 22).