Scope of Freedom of expression

The right to freedom of expression is made subject to a long list of matters including such formalities, conditions, restrictions, or penalties as are prescribed by law and necessary in a democratic society for a number of reasons including the interests of national security, public safety and crime and disorder. Freedom of expression includes the worker's right to communicate their beliefs, opinions or other information by words, images, pictures or actions intending to communicate an idea. It also covers issues such as dress codes and appearance at work. The Strasbourg authorities have not given clear guidance on the scope of this right as each case is decided on its own facts. What is clear is that this right is severely limited. This is because of the competing rights between a worker's freedom of expression and the employer's right to manage the workplace. It is also clear that under the Convention you may restrict your freedom of expression by your contract of employment to an extent provided that you have freely agreed to this. To this extent, the rights to expression can be bargained away by the worker upon agreeing contractual terms. The scope of the freedom of expression depends upon a number of factors, including the method and manner in which you express opinion or criticism, as well as the nature of the opinion. In one case, the dismissal of a teacher for criticizing her employer on television for refusing to promote her on grounds of her sexual orientation was held not to violate her freedom of expression. The Commission considered that the scope of her freedom of expression was partly determined by reference to her contractual duties and responsibilities. Therefore, it was relevant that she had accepted a responsible post in the education sector and had accepted certain restrictions on the right to freedom of expression by virtue of her professional responsibilities. Her suspension without pay was capable of being reasonably justified for the protection of the reputation of the teaching institution where she worked and also her superiors. However, the extent of your contractual duties does not mean that your freedom of expression is always limited. Courts are likely to consider whether the allegations are supported by evidence, and also whether the matters have been raised and addressed internally.