Article 10: Freedom Of Expression Flashcards

1
Q

What type of right is Article 10 and what are the 3 Elements?

A

Qualified right
1. Freedom to hold opinions
2. Freedom to impart information
3. Freedom to receive ideas and information

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2
Q

1st element of Article 10

A

Freedom to hold opinions:
- Absolute right
- State shouldn’t indoctrinate by giving balanced view
- Universities ‘non platform’ rules could go against Equality Act 2010

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3
Q

Second Element of A10:
Freedom to impart information and ideas 4 parts

A

. Artistic expression
. Freedom of the press
. Political expression
. Public interest expression

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4
Q

Artistic expression

A

Gives right to shock, offend, disturb through art
- (Handyside v UK) M.O.A is wide

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5
Q

Freedom of the press

A

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

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6
Q

Third Element of Article 10:
Freedom to receive info and ideas

A

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

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7
Q

4 Legitimate aims A10:

A

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

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8
Q

Article 10 and the Internet

A

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

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