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Law- Human Rights > Article 10 > Flashcards

Article 10 Flashcards

1
Q

What type of right is Article 10?

A

A qualified right

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1
Q

What is the article?

A

The freedom of expression

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2
Q

What is a qualified right?

A

A right which can be restricted by state but has to be in accordance with law, meet a legitimate aim and necessary in a democratic society.

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3
Q

Necessary in democratic society

A

Must be proportionate
Within the margin of appreciation

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4
Q

Legitimate aim

A

National security
Territorial integrity
Public safety

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5
Q

Accordance with law

A

Official secrets act
Freedom of Information
Racial Hatred Act 2008

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6
Q

How is an infringement of this right dealt with?

A

Injunction
Judicial review action
Civil claim

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7
Q

When can a civil claim be used?

A

When the person has suffered tort or breach.

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8
Q

Examples of freedoms given under Art10

A

Ability of citizens to hold an alternative point of view.
Media to report stories.
Protests
Social media and phone use.

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9
Q

What does the right to protests overlap with?

A

ART 5

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10
Q

What are the three elements of Article 10?

A

Freedom to hold opinions.
Freedom to receive information and ideas.
Freedom to impart information and ideas.

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11
Q

What can the state not do?

A

Police our opinions
Brainwash citizens
Do propaganda.

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12
Q

What type of right is freedom to hold opinions?

A

An absolute right

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13
Q

What comes under freedom to hold opinions?

A

Communication

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14
Q

What can restrictions of the right be considered?

A

Inconsistent with democratic society

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15
Q

What can freedom to hold opinions have conflict with?

A

Equality Act 2010

16
Q

When may a indoctrination of freedom to hold opinions occur?

A

When state fails to provide balanced views.

17
Q

What does freedom to receive information and ideas include?

A

Right to offence, shock and disturb

18
Q

Handy side

A

Freedom of expression is applicable to those that offend, shock or disturb the state or any sector.

19
Q

Guerra

A

State does not need to give information.

20
Q

High value form of expression

A

Low margin so less discretion for state to limit.

21
Q

Examples of high value forms of expressions

A

Political expressions.

22
Q

When is high value forms of expression absolute?

A

necessity in democratic societies with free elections.

23
Q

Steel

A

Violation because of public interest.

24
Q

Sunday times

A

Stopped from printing stories for public interest.

25
Q

Low value of expression

A

High margin so more discretion for state to limit.

26
Q

Example of low value of expression

A

Artistic and commercial expressions

27
Q

Artistic expression

A

Different states and cultures have different ideas as to its meaning.

28
Q

Otto

A

Ban to protect religious beliefs of others, a wide margin was given.

29
Q

Garaudy

A

Publication included ideas therefore no breach of Art10.

30
Q

Freedom to impart information and ideas includes

A

Gathering and seeking information through lawful sources.
Media can impart information and ideas.

31
Q

What does the freedom of Informations Act do?

A

Access recorded information from public services.

32
Q

Who are the public authorities?

A

Government
Local authorities
Nhs

33
Q

Restrictions of freedom to impart information and ideas

A

No right of access to own personal data
Organisation could refuse if information too sensitive or expensive.

34
Q

Venables

A

Injunction to stop disclosure of whereabouts or identities.

35
Q

Mills

A

Not granted an injunction, contrast with Venables

36
Q

How does technology and the internet affect Art10?

A

ECHR stated freedom of press requires safeguard to operate without fear of sanctions.

37
Q

Parviye

A

No law covering publication of internet.

38
Q

Yildrim

A

Breach when banning URL’s on google sites.

Law- Human Rights (23 decks)

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