article 10 Flashcards
what does article 10 protect
- freedom to hold opinion
0 recevie information and ideas - important information and ideas
can the state be required to provide information under art 10
no, state has no duty to actively provide information
- guerra v italy
what law governs access to public sector info
- freedom of information act 2000,
- allows access but withholds sensitive/ costly info
offensive speech
- freedom of expression still applies,
- handyside case
media forced to reveal sources?
no,
- goodwill v uk
what factors determine balance between rt 10 and 8
public interest in info
- notoriety of subject
- prior conduct of person
- method of obtaining info
what forms of expression covered under art 10
words , images , photos actions e.g protests and demonstrations
3 types of expression and moa
- political/public interest expression - high value , narrow margin ( lingens v austria)
- artistic expression - low value , wide margin ( Otto - Preminger case)
- commerical expression - low value , wide margin
what are the conditions for restricting art 10 rights
under art 10 2
prescribed by law
for a legitimate aim
necessary in a democratic society
what are some legal grounds for restricting art 10
breach of confidence
obsencity laws
defamation laws
what are the legitimate aims under art 10 2
- national security ( r v shayler)
- public safety ( surek v turkey)
- prevention of crime ( serious crime act 2015)
- protection of health (open door case)
- protection of others reputation ( british telecommunications case)
- preventing disclosure of confidential information ( guja v Moldova)
- maintaining judicial authority ( Sunday times v uk)
what does necessary in a democratic society mean
restrictions must be.
- proportionate
- not arbitrary unfair or excessive
- least instruve method
- balance against competing rights
whats moa
- narrow - hard to resitrct
- wide- easy
can states impose blanket bans on internets
- no
- yildrim v turkey
