Article 10 - Freedom of Expression

Question 1

Article 10.1

Answer 1

everyone has the right to freedom of expression

includes right to hold opinion and freedom to receive and communicate information and ideas

Question 2

Handyside v UK

Answer 2

extends to protect ‘information or ideas.. that offend, shock or disturb’

Question 3

what type of right is article 10?

Answer 3

qualified

Question 4

article 10 may be limited if 3 criteria can be fulfilled:

Answer 4

1. interference prescribed by law
2. aimed at protecting one or more legitimate aims
3. interference must be necessary in democratic society

Question 5

Legitimate aims

Answer 5

1. national security or public safety - observer and guardian v uk
2. prevention of disorder or crime - brind v uk
3. protection of health or morals - handyside v uk
4. protection of the reputation or rights of others -goodwin v uk
5. preventing disclosure of information received in confidence - stoll v switzerland
6. maintaining the authority and impartiality of the judiciary - sunday times v uk

Question 6

necessary in democratic society

Answer 6

proportionate

Question 7

Lingens

Answer 7

public officials should tolerate a high degree of criticism

Question 8

tort of misuse of private information

Answer 8

1. c must establish that he has a reasonable expectation of privacy (attributed of c, nature of activity, place activity is happening)
2. balancing exercise - balance rights of claimant and publisher

Question 9

defences for tort of misuse of private information

Answer 9

1. information was already in public domain

2. publication was in publics interest

Question 10

Processions

Answer 10

public order act s 11-13

s. 11: has proper notice been given by the organisers to the police? (specify date/time/proposed route, name/address of proposer)
s. 12: are there grounds for imposing conditions on the procession?
s. 12(1) and s.13(1): what conditions could be imposed to remove risk of disorder?

Question 11

Assemblies

Answer 11

public order act s 14-16

s. 16: ‘assembly of 2 or more persons in a public place which is wholly or partly open to the air’’
s. 14 allows police to impose conditions on assemblies