Article 10 A03 Flashcards
What are the 4 WDPs for Article 10
Qualified Right
Press Freedom
Technology
Forms of Expression
-P1: A v B(Flitcroft) highlighted
the tension between Art 8 and 10 and how the courts need to effectively balance the conflicting interests creating a level playing field which is fair
+DP1: justified that the courts often side with Art 8 for celebrities over newspapers like
Campbell v MGN where it was fair and just that it was a violation to publish Campbell attending a drug rehabilitation centre as this is not in her best interest or the publics interest
+WDP1: the courts hold children’s safety of paramount importance as seen in
Murray v Express which ensures that children are protected regardless of celebrity status which is just and reasonable, promoting equality
+P2: Goodwin v UK holding that journalists being made to divulge their sources was a violation is
justified as the freedom of a nations press reflects the level of democracy so it is vital this is protected and ensures that vital information is not lost out of fear
+DP2: The press acts as a ‘public watchdog’ so it is
necessary that the press is independent as it is in the publics interest to have access to these stories to hold the govt and public bodies accountable such as in Sunday Times v UK where this restriction of info was a violation which is reasonable
-WDP2: s.12(4) of the HRA placing special importance on journalistic freedom shows how
the press’ expression is high valued, however this can lead to abuse of journalistic power such as in the case of Millie Dowler where phone hacking by News of The World severely impacted the course of justice in the investigation which is problematic
-P3: Speed and scale of technological advancement is too
rapid for the law to keep up with which is problematic as it is hard to limit the spread of harmful content
DP3: Issue regarding Art 10 as a qualified right as it can only be regulated if there is
a legal basis under 10(1) and the law cannot keep up with passing legislation regulating hate speech, extremist views and privacy issues due to the speed which is concerning
WDP3: courts have a difficulty in balancing
protecting individuals from harmful content and upholding the fundamental right to expression with the rise of social media which is challenging
+P4: justified that the law values political and public interest expression
higher with a a narrower MoA → protects democratic society as it is harder for state to interfere
+DP4: Political expression is protected as
the public’s knowledge of current affairs are of high importance - Sunday Times v UK it would have been completely unjust to restrict the vital information regarding Thalidomide cases
+WDP4: Justified that artistic expressions are easier to interfere with as there is
much more nuance and art isn’t of a high public utility unlike political expression so it is justified to protect core beliefs e.g: religion in Otto v Austria
