article 10 Flashcards
3 aspects of article 10 1
freedom to hold opinions
freedom to receive info and idea
freedom to impart info and ideas
what forms of expression are protected under art 10
- info and ideas
- words and images e.g photos, art
- actions such as protests and demonstration
whats the signif of the margin of appreciation in freedom of expression
- allows states flexibility in how they apply the echr
narrow margin ( less room for restriction ) = applied to political. public interest speech
wide margin = more flexibility -cases in artistic expresion/ commercial speech
js the state required to provide access to info under art 10
No duty on the state to provide information, especially if it is secret ( Leander v Sweden)
When is press freedom protected under Article 10?
public and media can comment on political matters
Press should not be forced to reveal sources (Godwin v UK)
What factors determine the balance between Article 10 and Article 8? how courts decided when freedom of expression ( art 10) conflicts with privacy ( art 8)
public interest - does information contribute to public debate
- notoriety - is person public figure
- prior conduct
- method of obtaining info - legal or illegal
- severity of sanction
When can a state restrict freedom of expression due to incitement to hatred?
If the expression incites discrimination, hatred, or violence (Garaudy v France)
Under what conditions can Article 10 be restricted?
- If prescribed by law
If pursuing a legitimate aim under Article 10(2) ( national security)
If necessary in a democratic society
What are examples of legitimate aims under Article 10(2)?
National security (Spycatcher case, R v Shayler)
Public safety and territorial integrity (Surek v Turkey)
Prevention of disorder or crime (Serious Crime Act 2015)
What are the key elements of a breach of confidence claim
Information was obtained in a confidential manner ( its confidential )
The information has the ‘quality of confidence’
The information was used in an unauthorised way
Claimant suffered detriment
What are the defences to a breach of confidence claim?
information was already in the public domain
Information was not confidential
Disclosure was in the public interest
What are the key elements of a defamation claim?
The statement is defamatory
The statement identifies the claimant
The statement is published to a third party
The statement caused or is likely to cause serious harm (Defamation Act 2013)
What is the difference between libel and slander?
Libel: Permanent form (e.g. publications, broadcasts)
Slander: Transient form (e.g. spoken words, gestures)
When is slander actionable without proof of financial loss?
When it accuses someone of a criminal offence punishable by imprisonment
When it disparages someone in their trade, profession, or business
What does the Protection from Harassment Act 1997 cover?
- harrasseent
- stalking
