A.10 UK compatibility

Question 1

Freedom of information act 2000

Answer 1

attempts to promote freedom of expression by providing public access to info held by public authorities
2 ways:
-public authorities obliged to publish certain info about activities
-members of public are entitled to request info from public authorities

Question 2

restriction on freedom of expression; protecting reputation/mental integrity

Answer 2

defamation and protection from harassment dealt with in A.8

Question 3

protecting secrecy of non-public info

Answer 3

law on confidentiality and misuse of person info dealt with in A.8 under Data Protection Act
official info means any info, document, articles
falls to margin of appreciation

No public interest defence available to offences under official secrets act 1989
R v Shayler (defence that disclosure by him in public interest failed)

Question 4

UK- number of restrictions on FOE

Answer 4

• protecting reputation
• protecting secrecy of non public info
• protecting interest in proper administration of justice
• protecting society from depravity, corruption, offence
• protecting from offence directed at religious beliefs and race
• preserving public order and peace

Question 5

restriction on freedom of expression; protecting an interest in the proper administration of justice

Answer 5

law of contempt of court, common law- ‘an act or omission calculated to interfere with administration of justice’
prohibits disclosure of what happens in jury room, prosecuted
interference with publications ‘creating a substantial risk of serious prejudice’
sound recordings from court=contempt

these may be compatible under A.10

Question 6

restriction on freedom of expression; protecting society from depravity, corruption, offence

Answer 6

permit expression of views with which most people do not agree or which state wishes to discourage, suppress.
obscene publications governed by Obscene Publications Act 1964

an obscene item = one that has affect of deprave and corrupt persons likely to read, see, hear , corrupt morally
R v Hicklin

Question 7

restriction on freedom of expression; protecting society from depravity, corruption, offence
DEFENCE

Answer 7

S 4 Obscene Publications Act
defence of ‘public good’
requires proof that publication is justified as being for public good on grounds that it is in interests of science, literature, art, learning

Question 8

Offence of outraging public decency

Answer 8

obscene, shocking, disgusting for observer
R v Gibson
freeze dried human foetuses as earrings
convicted of common law offence of outraging public decency
can be argued that this is incompatible with A.10

Question 9

restriction on freedom of expression; protecting from offence directed at religious beliefs and race

Answer 9

Racial and Religious hatred act 2006 - stirring up hatred against people due to race, religion in form of publishing threatening statement is offence.

offence to use threatening, abusive words or behaviour with intent to stir up racial hatred and also concerns written material

racial group=group defined by race, colour, nationality, ethnic origins also includes people with no beliefs

Question 10

restriction on freedom of expression; preserving public order and peace

Answer 10

can be seen in mechanisms used by govt to ensure compliance of legislation with articles in ECHR

Terrorism Act 2006- offence to publish statement intending members of public to be directly or indirectly encouraged to commit or plan act of terrorism

compatible with A.10