Article 10: Right to Freedom of Expression Flashcards
What is the text of Article 10?
Under Article 10 of the ECHR, everyone has the right to freedom of expression. This will include freedom to hold opinions and to receive information.
What is said in Art10(2)?
Right can be restricted if:
. Prescribed by law
.Necessary
.For a legitimate aim
What does freedom of expression include?
The right to communicate and express oneself through words, pictures and actions. Actions also include public protest and demonstrations.
What is the importance in Handyside v UK?
Pornography book written to educate teenagers, not a violation.
Art 10 includes the right to ‘offend, shock or disturb’
What is the importance of Goodwin v UK?
The freedom to impart ideas requires freedom of the press. A journalist should be able to protect his sources.
What is the importance of Sunday Times v UK
A journalist should have the freedom to receive information and ideas (applies to everyone not just journalists)
What is the main restriction on Article 10?
Reasonable expectation of privacy in Article 8
What was held in PJS v Newspapers LTD?
Neither right in Art 10 and Art 8 takes precedence over the other.
What was the criteria established in Richards v BBC?
. How well known is the person?
. What is the subject matter in question?
. Is it a matter of public interest or what the public are interested in, Hanover v Germany?
. How was the information obtained?
. What was the consequences of the publication?
What happened in Campbell v MGN?
Photographs of her leaving a rehab centre were published, it was held that her reasonable expectation to privacy outweighed the publishers right.
What is another way that freedom of expression can be limited?
The tort of defamation.
What is the tort of defamation?
A tort to protect a person from untrue statements which refer to them. Can claim damages or an injunction.
What is the defence to the tort of defamation?
- If the statement is true
- Honest opinion
- Matter or public interest
How does the Protection from Harassment act limit article 10?
Protects people from situations such as stalking, the receipt of nuisance calls or intrusive media attention.
What happened in Trimingham v AN
the court refused a claim of harassment by a woman against a newspaper which had published several articles about an affair between her and an MP.
