Freedom of Expression Flashcards
Where in the constitution will you find F.O.E
Article 40.6.1 Expressed right
What does the F.O.E give rights to ?
Citizens and organs of the media
What are the F.O.E rights of citizens and organs of media
Freely express their opinions and convictions
What special function does the constitution give organs of the media?
Inform the public and criticize government policy
How does the constitution limit F.O.E of citizens?
Public Order and morality
What extra limitations does it put on the media?
Not to undermine the authority of the state
What case set out the rule regarding injunctions and F.O.E
Almost never only in exceptional cases. MV Drury and Foley case.
Where in the European convention of human rights (What article) will I find F.O.E
Article 10
Give examples of when F.O.E can be interfered with (Case or statutory (written legislation/law) examples)
Defamation , Publishing something seditious or indecent,
What is the European rule about how much you can interfere with F.O.E
ANY INTERFERENCE MUST BE : Proportionate and in the public interest
Tell me what other rights F.O.E most often clashes with
Right to good name and right to privacy
What is the defense of the media when there is a clash. F.O.E should always win out , why?
In the public interest and proportionate