Question
Stephen is a well-known member of parliament in the (fictional) country of Costat, a contracting party to the European Convention of Human Rights. He has
Stephen is a well-known member of parliament in the (fictional) country of Costat, a contracting party to the European Convention of Human Rights. He has risen to prominence in recent years through his vitriolic tirades posted on social media platforms, videos in which he has blamed migrants for Costat's economic stagnation and soaring crime rates.
Ahead of parliamentary elections this year, Stephen has been touring Costat and recording interviews with "everyday Costatians". Stephen posted a video interview earlier this year with Leo, a prominent far-right nationalist in southern Costat. During this interview, Leo outlined his belief in a conspiracy to bring about the "great replacement" of the white race and called for migrants to be "rounded-up like vermin". There was a voice-over at the end of the video in which Stephen said that, while he did not agree with everything Leo said, he understood Leo's depth of feeling.
As a consequence of the video, Stephen and Leo were convicted of incitement to hatred pursuant to s. 5 of the Protection of Minorities Act 2015 and fined 100 each.
Malachi, a well-known journalist who writes a column in the Daily Costatian, followed Stephen and Leo's trial closely, writing in detail about it in his newspaper. Shortly after the conclusion of the trial, he wrote a column in which he described Stephen as a "monstrosity" due to his association with far-right ideas and a "despicable human being who has cast a ghastly pall on our democratic institutions".
Appalled by this description, Stephen made a complaint to the police, which resulted in Malachi being prosecuted under the Respect for Public Officials Act 2001 and sentenced to six months imprisonment.
Assess all of the potential breaches of the right to freedom of expression under Article 10 of the European Convention of Human Rights above (i.e. do not address other Convention rights that may be engaged above).
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