A.8 and A.10 essay

Question 1

What does a.8 protect?

Answer 1

The right to family life, private life, home and correspondence.

Question 2

What do you need to raise to prove A.8?

Answer 2

That the publishing or the interfering with your privacy will damage your reputation to a certain level of seriousness.

Question 3

What must the damage to your reputation not be?

Answer 3

A foreseeable consequence of your actions, like committing a crime.

Question 4

What will the court need to assess for A.8?

Answer 4

How available this information was to the public, like was it private or public knowledge.

Question 5

What does A.10 protect?

Answer 5

Your right to receive and impart information. Your right to freedom of expression.

Question 6

What does A.10 need?

Answer 6

Reasonable pluralism, basically there needs to be a balance between your right to privacy and the freedom of expression.

Question 7

What is A.10 equal to?

Answer 7

A.8, both as valuable as each other.

Question 8

What does A.10 emphasise? what does this mean?

Answer 8

The media as a watchdog. The press needs a certain level of freedom to scrutinise the state or popular figures, without it the public are left without a line of defence or an element of truth.

Question 9

What does the debate between A.10 and A.8 ensure?

Answer 9

That there is responsible journalism.

Question 10

What type of rights are A.10 and A.8?

Answer 10

Qualified, which means they can be interfered with.

Question 11

When can A.10 and A.8 be interfered with? example of LR?

Answer 11

When it is necessary and when there is a legitimate reason (LR). Like national security and prevention of crime.

Question 12

When it comes to A.8 what do the courts ensure?

Answer 12

That the state provides us our A.8 rights.

Question 13

What shows that the courts ensure the state provides our A.8 rights?

Answer 13

Prisoner correspondence and equality laws.

Question 14

What is a key case in prisoner correspondence?

Answer 14

Silver

Question 15

What does silver state?

Answer 15

The government need some control over the prisoner’s correspondence to prevent any potential plans of crime or threatening victims.

Question 16

What did the law later expand to silver?

Answer 16

That although the government needs some control over prisoners correspondence letters to solicitors and doctors should remain confidential. As there is nothing which could qualify as necessary or as a legitimate aim.

Question 17

What was the state’s rule before silver?

Answer 17

There was a blanket rule which allowed them to read/monitor any written correspondence and phone calls.

Question 18

What did Goodwin do?

Answer 18

Said that transgender people needed legal recognition for a change of identity.

Question 19

What did Goodwin lead the government to do?

Answer 19

To introduce the right to apply for a gender recognition certificate, it and other similar cases led to the current equality act we have today.

Question 20

How does Goodwin apply to A.8?

Answer 20

As Goodwin refers to your private life, we should all have equal rights to be who we want to be.

Question 21

What really shows the conflict between A.8 and A.10?

Answer 21

Cases regarding the press.

Question 22

What cases demonstrates the debate around the press?

Answer 22

Campbell

Question 23

What happened in Campbell?

Answer 23

Photos of her leaving rehab were published and what she said in counselling.

Question 24

What was the court’s opinion on the photos being leaked?

Answer 24

That it was ok, as she was a famous model so she was already on the public eye, so she can’t be hypocritical when it is negative press. Also she was a role model for many young girls, so it was in the public interest to know she had a drug issue.

Question 25

What was the court’s opinion on the counselling being leaked?

Answer 25

It was too far. It was in the public interest to know that she had a drug issue, but it the public was interested in the reasons why. They didn’t need to know and it was an invasion of her privacy.

Question 26

When does the balance of A.10 and A.8 become more complex?

Answer 26

When it refers to the press and someone who isn’t famous or in the public eye but the press made them so.

Question 27

What case had the press put someone in the public eye?

Answer 27

Bloomberg

Question 28

What happened in Bloomberg?

Answer 28

Bloomberg intercepted a letter to an American business executive, refered to as ZXC, which claimed he was being investigated for a crime. Bloomberg then published an article which named him. ZXC took Bloomberg to court and won.

Question 29

Why did ZXC win his case?

Answer 29

As he had not been charged with a crime so it was unfair to him and an invasion of his privacy to have that information published. As it was not yet in the interest of the public, as he hadn’t been charged with the crime.

Question 30

What do the courts attempt to do when deciding on A.8 and A.10 cases?

Answer 30

They will try to value both A.8 and A.10 equally, but can’t always do this so they prioritise an article depending on the circumstances.

Question 31

What happens if a press case involves someone not in the public eye?

Answer 31

The courts tend to be stricter with A.10 as the claimant did not intend to be in the public eye, so the press has forced them to be there. It also makes it more difficult to prove it is in the public interest.

Question 32

What will the courts always try to protect?

Answer 32

The freedom of expression for the press.

Question 33

Why do the courts need to protect the press?

Answer 33

As if they don’t the press won’t be able to scrutinise the government or public bodies which can be detrimental for democracy and we can end up in a society with government controlled media like russia and china.

Question 34

What cases outline the court’s protectiveness of the press?

Answer 34

Mosely. It says that the press need to be relatively free, if they are not it creates a “chilling effect” which prohibits them from doing there duty as watchdogs.

Question 35

What will the courts always try to balance? (regarding the state)

Answer 35

The states need to interfere with our privacy, like national security or preventing crimes, to our actual right to privacy.