Article 10 Flashcards
What is Article 10?
The freedom of expression
Is A.10 a qualified right?
Yes, This means that it can be interfered with in certain circumstances, like national security or to prevent a crime.
When is it lawful to interfere with A.10?
if it is based on an accessible law and the interference has a legitimate aim and is necessary.
Which article is A.10 linked with?
Article 8, the right to privacy
What will the courts assess? (Article 8 vs A.10)
Whether the information shared was in the publics interest or interested the public
What cased in used on debating whether the information was in the public interest or not?
Campbell
What does Campbell state?
her drug addiction was published and that wasn’t deemed wrong as she was a model inspiring young girls, they just got the information from her rehab which shouldn’t have been released, there was undue interference.
So basically only necessary information can be published.
What does A.10 protect?
the rights to receive and impart information. (Not certain) could mean the guidelines available to the press
What role does the media play? is this seen by the courts?
The media’s role as a watchdog is appreciated by the courts
What must the press be? (in terms of journalism)
Reasonable and responsible. All facts must be checked and sources must be verified, although they don’t have to be announced.
What case makes journalism responsible?
Reynolds
What can the information shared under A.10 be?
Shocking, disturbing and/or insulting. You can be offended and insulted but there is no claim to bring, as the information shared is just included in the right to expression.
What limits A.10?
Article 8. he only time the freedom of expression is interfered with is when it is hateful or encroaches on article 8.
What happens if the courts think you are being hypocritical?
They will likely rule against you.
What case states the courts are liely to rule against you if you are being hypocritical?
Ferdinand
