Article 10 - Topic 18 and 20 Flashcards
Article 10
Everyone has the right to freedom of expression.This right includes freedom to hold opinions and to receive and impart information and ideas without interference by public authority.
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.
What are the two types of defamation?
Libel (written word) and slander (spoken word).
What does S1 of the Defamation Act 2013 say?
A statement isn’t defamatory unless its publication had caused or is likely to cause serious harm to the reputation of the claimant.
What are the six defamation defences?
S2. Truth
S3. Honest opinion
S4. Publication in matter of public interest
S5. Operators of websites e.g. Facebook
S6. Peer-reviewed statement in scientific or academic journal.
S7. Reports protected by privilege (ie in the House of Commons and courts).
Defamation case example:
Vardy v Rooney
Rooney claimed Vardy has been leaking stories about her to the press. Vardy sued Rooney for defamation claiming the allegation seriously damaged her reputation and caused her financial harm. Vardy lost the case as it was held in the high court Romney’s statement was substantially true.
The Harrasement Act 1997
S2 makes harassment a criminal offence if you:
A0 peruse a course of conduct amounting to harassment.
B) if that conduct puts the victim in fear of serious violence.
What is harassment?
A course of conduct which alarms a person or causes them distress.
A course of conduct means the harassment must have happened on two or more occasions.
Under S3 harassment can also be dealt with in the civil courts and the civil courts can impose and injunction and award damages.
