Article 10 Flashcards
What kind of right is article 10?
Qualified right
Handyside - essential foundation of society
claim must be made against a public authority
Article 10 includes
Freedom to hold opinions
Freedom to Impart Information and Ideas
Freedom to receive information and ideas
Limitations
Freedom to hold opinions
Includes the right not to have to disclose opinions - Vogt
State cant interfere with this
Freedom to impart information and ideas - what it includes
Handyside - includes expressions that can ‘shock, offend and disturb’
A. Freedom Of the Press
B. Political and Public Expression
C. Artistic Expression
D. High and Low Value Expression
E. Hate Speech
Freedom to impart information and ideas - Freedom of the press
s.12(4) Human Rights Act - journalistic expression is important
restricted if risk of harm or life - Thompson and Venables
Freedom to impart information and ideas - Political and Public Expression
Criticism for politicians is wider - Lingens
Vitrolic criticism included as well - Incal
protects use of shocking and offending comments - Jersild
Freedom to impart information and ideas - Artistic Expression
wider margin of appreciation
obscene, offensive - Muller
can consider whether satirical in nature - BBK
Freedom to impart information and ideas - High and Low Value Expression
Political - high value
Religious - high value
public interest - high value
commercial - low value
artistic - low value
Freedom to impart information and ideas - Hate Speech
shock offend disturbs but not hate - Garaudy
Freedom to receive information and ideas
right to find & gather information - Autronic AG
State however does not have to disclose information - Guerra
Limitations
It is in accordance with law
In pursuit of a legitimate aim
It is necessary in a democratic society
It is in accordance with law
Includes common and statutory law
Sunday Times
In pursuit of a legitimate aim
National security, public safety - Observer and Guardian
Prevention of Crime and Disorder - need to be proportionate - Brind
Protection of public health and morals - wider margin - Muller
Protection of reputation and rights of others - Goodwin
Prevent disclosure of information received in confidence - protection of whistleblowers - Heinsich
Maintaining Authority and Impartiality of the Judiciary - Sunday Times
It is necessary in a democratic society
Courts will use margin of appreciation
Handyside proportionality test:
- pressing social need
- restriction corresponds to that need
- if so is it a proportionate response
- are the reasons given relevant and sufficient
