Article 10 evaluation

Question 1

I- What is Article 10?

Answer 1

The right to free expression

Question 2

What is Article 10?

Answer 2

A qualified right

Question 3

What is a qualified right?

Answer 3

The need to strike the rights of an individual with the wider community.

Question 4

Qualified right case

Answer 4

Handyman

Question 5

Prior to HRA what was protection of freedom of expression only allowed for?

Answer 5

Infringed restriction in statute or common law.

Question 6

Freedom of protection not protected in prior documents case

Answer 6

Magna Carta

Question 7

How did courts intend to protect freedom of expression?

Answer 7

By interpretation common law and legislation in a way which ensured greatest possible enjoyment of freedom of speech.

Question 8

How was the HRA regarded?

Answer 8

Unsatisfactory.

Question 9

Unsatisfactory HRA case

Answer 9

Goodwin

Question 10

Freedom of expression A01

Answer 10

Freedom to hold opinions
Freedom to impart information and ideas
Freedom to receive information and ideas.

Question 11

Freedom to receive information and ideas case

Answer 11

Guerra

Question 12

High value

Answer 12

Political and Religious

Question 13

Low value

Answer 13

Artistic and commercial

Question 14

A03 Freedom of expression positive

Answer 14

Instils democracy into the article.
Individuals participate fully in debating and challenging which develops new ideas and political approaches.

Question 15

develops new ideas and political approaches case

Answer 15

Sunday times

Question 16

A03 Freedom of expression negative

Answer 16

Reduced democracy when right is restricted.
Limit public’s knowledge as media less willing to engage in investigative journalism.
Some forms of expression given more value than others.

Question 17

Low value forms of expression case

Answer 17

Otto

Question 18

Interference A01

Answer 18

Interference allowed if prescribed by law, have a legitimate aim, necessary in democratic society.

Question 19

Health and Moral cases

Answer 19

Open Door
Gibson

Question 20

Open door

Answer 20

Violation for no abortion advice

Question 21

Gibson

Answer 21

Outraging public decency

Question 22

3 limitations of duty for information received in confidence

Answer 22

Confidential
Useless or trivial
Does public interest favour disclosure

Question 23

3 limitations of duty case

Answer 23

Spy Catcher

Question 24

A03 Freedom of expression positive

Answer 24

State can’t interfere if meet legitimate aim
Protection of reputation is governed by defamation act.

Question 25

What section is legitimate aim?

Answer 25

10(2)

Question 26

Governed by defamation act

Answer 26

Observer

Question 27

A03 Freedom of expression Negative

Answer 27

Long list of aims makes protection ineffective Limits freedom of expression based on morals.

Question 28

Limits freedom of expression based on morals case

Answer 28

Gibson

Question 29

Defamation A01

Answer 29

Protection of identity Defamation Act 2013 Libel is permanent Slander is transient

Question 30

Defamation A03 Negative

Answer 30

Wide number of defences which is complex and confusing.

Question 31

Political expression A01

Answer 31

Freedom of expression limited by Official secrets. High value so narrow margin of appreciation. Ensures a democratic society.

Question 32

Political expression cases

Answer 32

BBC Laporte

Question 33

Political expression A03 positive

Answer 33

Protected as high value Enables the right to protest

Question 34

Right to protest case

Answer 34

Munim

Question 35

Political expression A03 negative

Answer 35

Some Uk cases have upheld limitations Right to protect yourself is not always protected.

Question 36

Some Uk cases have upheld limitations case

Answer 36

BBC

Question 37

Balancing A8 and A10 cases

Answer 37

Campbell Moseley

Question 38

Flincroft what happened?

Answer 38

Public figure entitled to private life but restricting press freedom needs a clear justification.

Question 39

Lord Wolf what did he say?

Answer 39

It's not an easy task balancing Article 8 and Article 10.

Question 40

What did Axel do?

Answer 40

Establish criteria for when news stories is in the interests of the public.

Question 41

A03 Balancing Art8 and Art10 Positive

Answer 41

Press not forced to publish sources. Right to print stories in interest of public. Criteria ensures stories are in the public interest.

Question 42

Press not forced to publish stories case

Answer 42

Goodwin

Question 43

Right to print stories in interest of public

Answer 43

Sunday

Question 44

A03 Balancing Art8 and Art10 Negative

Answer 44

Not protected effectively as said celebrities who court public attention have less grounds to complain. Lord Woolf admitted it's hard to balance.

Question 45

Conclusion for points

Answer 45

wide variety of expressions High value expressions can't be interfered by state.

Question 46

Conclusion against points

Answer 46

Legitimate aims don't protect Art10 as state can interfere. Some titles are wide.

Question 47

How is the outcome decided?

Answer 47

On case by case basis and balanced with other rights.

Question 48

Sunday times

Answer 48

Received an injunction for breaching the right to freedom of expression.

Question 49

Why is the balance of ART8 and ART10 wrong?

Answer 49

Because ART8 prevents the freedom of expression against others whilst ART10 encourages it.