Article 10 (AO1) Flashcards
What is Article 10 split into?
Intro Paragraph
Main Paragraph
Restrictions
What are the things that could be in Article 10 Main Paragraph?
-Freedom to hold opinions
-Freedom to impart information and ideas
-Press, politicians protected
-Hate Speech
-Artistic Expression
What are the things that could be in Article 10 restrictions?
-National Security
-Territorial Integrity
-Prevention of Crime and Disorder
-Protection of Health and Morals
-Protections of rights and reputations of others
-Confidential info
-Maintaining Impartiality of the judge
Explain intro paragraph AO1
-Article 10(1) gives everyone the right to freedom of expression, which includes the freedom to hold opinion and to receive and impart information and ideas without state interference.
-Article 10(2) covers the limitations that are permissible for the freedom of speech and the criteria that must be met. This includes:
Prescribed by law
Legitimate aim
Necessary in democratic society
Explain Freedom to hold opinions…
-Article 10 includes the freedom to hold opinions and any restrictions on this right will be inconsistent with the nature of a democratic society
-This means that the state cannot indoctrinate (force an opinion) upon their citizens
Explain freedom to impart information and ideas…
Freedom of speech applies to all info and ideas, including information that can be seen as offensive, shocking or disturbing.
*This applies to all citizens and not just journalists and politicians
*The UK has a wide margin of appreciation to limit certain types of free speech (if it offends morals)
Handyside v UK
*The press are free to impart info and ideas
Explain Press, political views are protected by freedom of expression
-Both press expression and political expression have a narrow margin of appreciation as it is considered to be high value to society and in the public interest
Explain hate speech
*Whilst Article 10 guarantees the right to freedom of expression an individual cannot argue that the State is violating this right when the expression concerns hate speech. The State can use Article 10(2) to limit this type of expression - Garaudy v France
Explain artistic expression
*Artistic expression covers films, TV, paintings and art, is a vital part of individual fulfilment and the devel-opment of ideas.
*There is a wide margin of appreciation here as what is considered to be acceptable is different in each State due to differences in cultures and values. Section 12(4) of the Human Rights Act 1998 grants special importance to artistic impression and states that the courts must consider:
(a) the extent to which
(i) the material has, or is about to, become available to the public; or
(ii) it is, or would be, in the public interest for the material to be published.
*Otto-Preminger-Institut v Austria (1994)
Explain national security
*There is a wide margin of appreciation that allows the UK to restrict expression if it is in the interests of national security
*The ECtHR will rarely challenge the UK decision
*Observer and Guardian v UK
Explain territorial integrity
*The UK can restrict expression if it is to protect the borders of the state or if it is in the interests of public safety
Explain prevention of crime and disorder
*The State can justify restricting expression to prevent crime and disorder
*The State’s actions must be proportionate
*UK citizens have the right to peaceful protest but this expression can be restricted if violence is used
*Steel v UK, Hashman and Harrup v UK
Explain protection of health and morals
-The State can lawfully restrict expression that then deem to harm health and morals.
-There is a wide margin of appreciation upon this area as the morals of society change all the time.
-Section 1 of the Obscene Publications Act 1959 describes an obscene item as one that has the effect of tending to deprave and corrupt persons likely to read, see or hear it. R v Penguin Books Ltd
-There is also a lesser common law offence of outraging public decency. This is where expressions are classed as unacceptable behaviour by the majority of the public. Gibson v Sylverie
Explain protections of rights and reputations of others
The UK can restrict expression to protect the reputation of othersHere the courts must balance the rights of the individuals involvedS1 of the Defamation Act 2013 requires claimants to show that the publication of such a statement caused them, or is likely to cause them, serious harm.Is defamatory, meaning that an ordinary person would think worse of the claimant as a result of the statement.Identifies or refers to him, and is published to a third partyHarassment—Free speech does not allow people to harass others, a civil or criminal claim can br brought under the Protection from Harassment Act 1997*Malicious Communications—It is an offence to send another person any communication that causes distress under the Malicious Communications Act 1998. It is a criminal offence to send another person a letter, electronic communication or article which conveys a message which causes distress to the recipient or any other person and it is: Grossly indecent, Grossly offensive, A threat, Information that is false or known to be false by the sender
Explain confidential information
*The UK can lawfully restrict expression if it will disclose confidential information. The information is confidential, The information has been given with an obligation of confidence, There has been an unauthorised use of this information, that is of detriment to the party involved
*Coco v A N Clark
