Freedom of Expression Flashcards

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1
Q

Where in the constitution will you find F.O.E

A

Article 40.6.1 Expressed right

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2
Q

What does the F.O.E give rights to ?

A

Citizens and organs of the media

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3
Q

What are the F.O.E rights of citizens and organs of media

A

Freely express their opinions and convictions

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4
Q

What special function does the constitution give organs of the media?

A

Inform the public and criticize government policy

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5
Q

How does the constitution limit F.O.E of citizens?

A

Public Order and morality

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6
Q

What extra limitations does it put on the media?

A

Not to undermine the authority of the state

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7
Q

What case set out the rule regarding injunctions and F.O.E

A

Almost never only in exceptional cases. MV Drury and Foley case.

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8
Q

Where in the European convention of human rights (What article) will I find F.O.E

A

Article 10

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9
Q

Give examples of when F.O.E can be interfered with (Case or statutory (written legislation/law) examples)

A

Defamation , Publishing something seditious or indecent,

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10
Q

What is the European rule about how much you can interfere with F.O.E

A

ANY INTERFERENCE MUST BE : Proportionate and in the public interest

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11
Q

Tell me what other rights F.O.E most often clashes with

A

Right to good name and right to privacy

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12
Q

What is the defense of the media when there is a clash. F.O.E should always win out , why?

A

In the public interest and proportionate

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