In Modinos v Cyprus, it was held that criminalising homosexual relations is a violation of Article 8 of the ECHR. Meanwhile, in Pay v UK, it is suggested that publishing images of sexual acts may mean that the activity is not part of one's private life.
What happens, however, when someone’s expression (protected by article 10) leads to a lack of protection under article 8, resulting in criminalisation?
For example: Suppose a state criminalises homosexual activity. Expressing support for & educating regarding homosexual activity is protected by Article 10. Homosexual activity itself is protected by Article 8.
What happens if one both engages in homosexual activity and publicly documents their engagement for advocacy purposes? Are they left without protection as a result of their free expression rendering their activity outside of the scope of private life? Or does Article 10 freedom of expression protect them from prosecution arising as a result of their speech, despite the underlying crime being actual homosexual activity (rather than speech), which is only prosecutable as a result of their otherwise-protected speech?