Article 10: Freedom Of Expression Flashcards
What type of right is Article 10 and what are the 3 Elements?
Qualified right
1. Freedom to hold opinions
2. Freedom to impart information
3. Freedom to receive ideas and information
1st element of Article 10
Freedom to hold opinions:
- Absolute right
- State shouldn’t indoctrinate by giving balanced view
- Universities ‘non platform’ rules could go against Equality Act 2010
Second Element of A10:
Freedom to impart information and ideas 4 parts
. Artistic expression
. Freedom of the press
. Political expression
. Public interest expression
Artistic expression
Gives right to shock, offend, disturb through art
- (Handyside v UK) M.O.A is wide
Freedom of the press
Allows for free speech and debate
Journalists can disclose their sources (Goodwin v UK)
Conflict between A10 and A8 (Axel Springer v Germany)
Injunctions are used to prevent certain info from getting out
Third Element of Article 10:
Freedom to receive info and ideas
Allows people to go out and look for information
However no obligation on state to provide info (Guerra v Italy)
The Freedom of Information Act 2000 made public bodies accessible
Very hard to get info on state
4 Legitimate aims A10:
National Security
(Observer + Guardian v UK
Prevention of disorder/crime
(Surek v Turkey) - cannot incite hatred
Protecting health and morals
(Muller v Switzerland)
Prevent diclosure of information
secret shit can’t come out but public interest in wrongdoings of companies outweighs interest to keep it silent
(Bedat v Switzerland)- if info obtained lawfully can spread
Article 10 and the Internet
Proper laws put in place to maintain freedom of press
(Yildirim v Turkey)- A blanket ban on google sites is breach
(MJZ v Hungary)- Hyperlink’s can be used