Article 10 Flashcards
What type of right is Article 10?
A qualified right
What is the article?
The freedom of expression
Legitimate aim example
National security
Accordance with law
Official secrets act
How is an infringement of this right dealt with?
Injunction
Judicial review action
Civil claim
When can a civil claim be used?
When the person has suffered tort or breach.
What does the right to protests overlap with?
ART 5
What are the three elements of Article 10?
Freedom to hold opinions.
Freedom to receive information and ideas.
Freedom to impart information and ideas.
What can the state not do?
Police our opinions
Brainwash citizens
What type of right is freedom to hold opinions?
An absolute right
What comes under freedom to hold opinions?
Communication
What can restrictions of the right be considered?
Inconsistent with democratic society
What can freedom to hold opinions have conflict with?
Equality Act 2010
When may a indoctrination of freedom to hold opinions occur?
When state fails to provide balanced views.
What does freedom to receive information and ideas include?
Right to offence, shock and disturb
Handy side
Freedom of expression is applicable to those that offend, shock or disturb the state or any sector.
High value form of expression
Low margin so less discretion for state to limit.
Examples of high value forms of expressions
Political expressions.
When is high value forms of expression absolute?
necessity in democratic societies with free elections.
Steel
Violation because of public interest.
Low value of expression
High margin so more discretion for state to limit.
Example of low value of expression
Artistic and commercial expressions
Artistic expression
Different states and cultures have different ideas as to its meaning.
Otto
Ban to protect religious beliefs of others, a wide margin was given.
