Article 10 Flashcards
What is stated in Article 10.1?
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
Which limitations are set out under Article 10.2?
Limitations are justified if they are:
1) prescribed by law and are necessary in a democratic society
2) in the interests of national security, territorial integrity or public safety
3) for the prevention of disorder or crime
4) for the protection of health or morals
5) for the protection of the reputation or rights of others
6) for preventing the disclosure of information received in confidence
7) for maintaining the authority and impartiality of the judiciary.
Which case shows there is no obligation for the state to provide information?
Guerra v Italy
Which case shows that Article 10 includes the right to “offend, shock and disturb”?
Handyside v UK
Why was there no breach of Article 10 in the case of Handyside v UK?
The court found that there was no breach of Article 10 and that the UK fell within the margin of appreciation when banning the ‘Little Red Schoolbook’ that taught children about sex and recommended pornography to children.
Which case involves freedom of the press?
Goodwin v UK - forcing a journalist to reveal their source violated Article 10
What is the six-part criteria to balance competing interests between Article 8 and 10?
1) whether the information contributes to a debate of public interest
2) the notoriety of the person concerned
3) prior conduct of the person concerned
4) the method of obtaining information and its veracity
5) the content, form and consequence of the publication
6) the severity of the sanction imposed
Which case involved the balancing of Article 8 and 10 rights?
In Axel Springer AG v Germany, a German newspaper publishes stories and articles about the arrest and conviction of an actor portraying a police officer for the possession of drugs. The Courts found that his right to privacy under Article 8 outweighed the newspaper’s right to freedom of expression under Article 10.
Which case shows the large margin of appreciation given to Article 10 cases?
In Otto-Preminger-Institut v Austria, the authorities banned a film that was offensive towards Catholics. The ECtHR permitted this as Austria is a predominantly Catholic country.
In which case was there no breach of Article 10 because the restriction was justified under Article 10.2?
In Garaudy v France, there was found to be no breach of Article 10, because Gaurady’s book disputed the existence of many historical events, including the Holocaust
Which act gives everyone in the UK the right to access information held by a public sector organisation?
Freedom of Information Act 2000
Under Article 10, when does information need to be disclosed?
Access to the information must be instrumental for the individual to exercise their freedom of expression for the information to need to be disclosed
How is whether information is instrumental or not shown?
1) the purpose of the request is considered
2) the nature of the information is considered
3) is the information ready and available
4) the role of the applicant - e.g. Journalists, social watchdogs, non-governmental organisations, researchers and academics are in a privileged position to seek information if they have a view of informing the public
Which case decided that blocking google was a breach of Article 10?
Yildirim v Turkey
Give an example of where a limitation was prescribed by law
The passing of the Contempt of Court Act 1981 following Sunday Times v UK to clarify the law
Give an example of where a limitation was not necessary in a democratic society
Observer v Guardian - there was no pressing social need for the injunction because the book was available in other countries
Give an example of where a limitation was justified for the prevention of disorder and crime
In Surek v Turkey, the applicant disseminated propaganda and provoked hatred amongst the people, justifying the limitation of their rights
Give an example of where a limitation was for the protection of health and morals
In Muller v Switzerland, the applicant was fined for organising an exhibition with obscene paintings
Give an example of where a limitation was for the protection or rights of others
In Bedat v Switzerland, information about criminal proceedings against a motorist who caused three deaths was published, including photographs and letters sent to him by the judge. The fine imposed on the publisher did not breach Article 10
Give an example of where a limitation was to maintain the authority and impartiality of the judiciary
This was questioned in Sunday Times v UK, however the injunction was not granted because it was believed to be a matter of public interest
Give an example of where a limitation was to prevent the disclosure of information received in confidence
In Bedat v Switzerland, information about criminal proceedings against a motorist who caused three deaths was published, including photographs and letters sent to him by the judge. The fine imposed on the publisher did not breach Article 10
