Step 3: Are the restrictions 'proportionate' under the European Convention on Human Rights?

What are 'proportionate' restrictions?

Article 10(2) of the European Convention on Human Rights explains how an individual's right to free expression can be restricted.

To be 'proportionate' a restriction must be important enough to justify limiting speech.

The objective of limiting the speech must also be rational.

Providers must also consider:

• whether they could achieve the same objective in a less intrusive way
• the severity of the measure's effects on the rights of those affected and whether this outweighs the importance of their objective.

Under the ECHR, a provider can also only restrict speech if:

• a specific law in the UK authorises it
• the student, member of staff or visiting speaker is bound by this law and they can see how it applies.