Article 10 - Topic 18 and 20 Flashcards
Article 10
Everyone has the right to freedom of expression. This can be through protests, art, written word or spoken word.
What does A10 include?
- Freedom to hold opinions.
- Freedom to impart information and ideas.
- Freedom to receive information and ideas.
What type of right is A10?
A qualified right.
What does freedom of expression mean?
It includes the right to express opinions that ‘shock, disturb and offend.’
Hayside v UK.
What cases illustrate that journalistic expression is important?
Goodwin v UK - Journalists were allowed to protect their sources.
Sunday Times v UK - Allowed to publish an article discussing the proposed thalidomide settlement.
Cases on legitimate aims - national security
Observer v UK - extracts from ‘spycatcher’ were originally prevented from publication on grounds of national security but when extracts ere published in the USA this was no longer justified.
Open Doors v Ireland - Publication of leaflet giving information about abortion which was illegal in Ireland was prevented from publication however it was held to be the prevention of publication giving information about abortion interfered with Irish Womens rights to receive information about abortion and this interference was not justified on the grounds of health and morals. The information was allowed to be published.
Otto v Austria - The Austrian state could prohibit the broadcast of a film which depicted Jesus in a very offensive state to the Catholic community on the grounds of health and morals.
Surek v Turkey - Surek couldn’t publish articles in a weekly review labelled ‘fascist gang’ referring to the Turkish armed forces. This was held to be provoking the Kurdish minority to carry out revenge so the publication could be halted to prevent disorder and crime.
Garaudy V France- Garaudys freedom of expression had legit been restricted to protect the rights of others. He had written a book denying the existence if the holocaust and had not been allowed to publish it.
When can A10 be restricted?
Under A10(2) A10 can be restricted if:
- Proscribed by law (A8, defamation and harassment).
- Necessary and proportionate.
- For a legitimate aim:
- Interest of national security,
- Interest of public safety,
- For the prevention of disorder or crime,
- For the protection of health and morals,
- For the protection of reputation or rights of others,
- For the prevention of disclosure of confidential information,
- Maintaining the authority and impartiality of the judiciary.
