Article 10 A01 Flashcards
Qualified right
Aims to strike a balance between individual rights and the rights of the community
Article 10
Freedom of expression
Article 10(1) freedom of expression includes freedom to:
- hold opinions
- impart information and ideas
- receive information and ideas
expression can be:
-words
-pictures
-actions
-protests etc
high value expression
political, public interest and religious expression = narrow margin of appreciation
Steel and Morris v UK
example of public interest expression, environmental activists for Greenpeace handing out leaflets, right to hold opinions and impart info
Sunday Times v UK
example of public interest expression, newspaper issued with an injunction on reporting thalidomide cases = violation, also an example of press freedom
low value expression
artistic and commercial expression = wide margin of appreciation
Otto v Austria
no violation when erotic film of Jesus was banned, legitimate aim of protecting religious beliefs
Garaudy v France
convicted of holocaust denial and incitement of hatred = not a violation of article 10 as hate speech is not covered under freedom of expression
Goodwin v UK
journalist refusing to disclose his source was justified, making him disclose it was a violation of Article 10 (press should act as a ‘public watchdog’)
s.12(4) HRA
places special importance on journalistic expression and right to not disclose sources
Axel Springer v Germany
actor arrested for possession of drugs being reported in a newspaper was not a violation of Article 10, 10 was favoured over Article 8 in this case due to criminal offence = public interest
Mosley v NGN
formula one driver using prostitutes published in newspaper = violation of Article 8, not in public interest
Campbell v MGN
Naomi Campbell photographed attending private drug rehab clinic = violation of Article 8, not in public interest
A v B(Flitcroft v MGN)
Article 10 favoured - an order restricting freedom of press requires clear and positive justification, no proper public interest itself isn’t always a sufficient reason
Article 10(2)
interference must be prescribed by law, with a legitimate aim, necessary in a democratic society
Prescribed by law
legal basis to interfere (refer to UK law or common law)
Legitimate aim
national security or public safety
prevention of disorder or crime
protection of health or morals
for the protection of the rights and freedoms of others
Necessary in a democratic society
margin of appreciation (wide or narrow) → Laskey v UK
proportionality
