Article 10 Flashcards
What is article 10?
The right to freedom of expression. Includes freedom to hold opinions an to receive and impart information
What does article 10 (2) state?
These articles can be restricted if they are prescribed by law and are necessary in a democratic country for a legitimate aim
What are the restrictions to this right (legitimate aim)?
-Protect national security, territorial integrity or public safety
-Prevent disorder or crime
-Protect health or morals
-Protect the rights and reputations of other people
-Prevent the disclosure of information received in confidence
-Maintain the authority and impartiality of judges
What does freedom of expression include?
Right to communicate and to express oneself in any medium including through words, pictures, images and actions. Also includes the right to ‘offend, shock and disturb’ handy side v uk
Goodwin v uk
A journalist should be able to protect his sources
What is meant by the restriction ‘the reasonable expectation of privacy in article 8’?
if an individual has established a reasonable expectation of privacy, then the courts must then conduct a balancing act between competing interests. In PJS v Newspaper Group Newspaper LTD and the SC held that neither right (8 or 10) takes precedence over the other.
How is the balance struck between the individual’s reasonable expectation of privacy and the individuals right to express themselves?
Criteria established in Axel Springer AG v Germany:
-How well known is the person?
-What is the subject matter in question?
-Is it a matter in the public interest or a private matter?
-How was the information obtained and its veracity?
-What was the form and consequences of the publication?
Campbell v MGN
Naomi Campbell’s confidence had been breached when the photographs of her leaving a Narcotics Anonymous meeting were published. Her reasonable expectation of privacy outweighed the publisher’s right to publish and hence the public’s right to know
What is meant by the tort of defamation?
This protects people against untrue statements which refer to a person. It allows people to claim damages for having lies printed or spoken about them to a third party or to claim an injunction to prevent further publication.
What does the Defamation Act 2013 state?
SC.1 provides that it is not defamation unless the statement causes or may cause serious harm to that person’s reputation.
Defence against defamation:
-The statement is true
-Honest opinion
-Publication is a matter of public interest
-Operators of websites
-Peer reviewed statement in scientific or academic journal
-Reports protected by privilege
What is the Protection from Harassment Act 1997?
Protects people from situations such as stalking, the receipt of nuisance calls, or intrusive media attention. S1 allows for a civil claim in tort usually an injunction and S2 makes such behaviour a criminal offence as well. Harassment includes words as well as conduct
Trimingham v Associated Newspapers 2012
refused a claim of harassment by a woman against a newspaper which had published several articles about an affair between her and an MP
Otto-Preminger v Austria
Portrayed Jesus to have an STD, offended Catholics. ECtHR found not violation that it was banned
Open Doors and Dublin Well Woman v Ireland
Irish Supreme Court prohibited the two applicants from giving pregnant women information about abortions available in Britain. It claimed that it was for the protection of health and morals however the ECtHR said this was a breach of A10
