Legality

1. Political expression attracts the highest level of protection under Article 10 since freedom of political debate is at the core of the creation and development of a democratic society. See Lingens v. Austria (1986) 8 EHRR 407 (para 42).

2. As for artistic expression, the European Court of Human Rights in Muller v. Austria (1988) 13 EHRR 212 (para 33) emphasised that ‘those who create, perform, distribute or exhibit works of art contribute to the exchange of ideas and opinions which is essential for a democratic society’. The Court further held that, consequently, the state is under an obligation not to encroach unduly on the freedom of expression of those who create, perform, distribute or exhibit such works of art.

3. It should be noted that flyposting is a form of criminal damage for which only the individual flyposter can be held liable.

4. That a third party, without the agreement of the project, might use copies of the its work in the commission of an act of criminal damage is a possibility which cannot give rise to any form of criminal or civil liability on the part of the project, its landlord or its funders.

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