Freedom of Speech and the Right to Protest

Question 1

Identify the values of Freedom of Expression. (3).

Answer 1

1. Enables and empowers individual autonomy
2. Enables self-expression
3. Allows individuals to hear and consider what others have to say

Question 2

What type of Right is Freedom of Expression?

Answer 2

Qualified.

Question 3

Which case highlights that Freedom of Expression is not limited only to speech?

Answer 3

Muller and others v Swizerland

Question 4

Which case highlights that Freedom of Expression enables offensive, shocking and disturbing images?

Answer 4

Handside v UK.

Question 5

What are the 7 restrictions on Freedom of Expression as outlined in s. 10(2) of the ECHR? (Legitimate aims).

Answer 5

1. National security
2. Territorial Integrity
3. Prevention of disorder or crime
4. Protection of health or morals
5. Protection of the reputation of others (Defamation)
6. Preventing disclosure of information received in confidence (Misuse of private information)
7. Maintaining the authority and impartiality of the Justiciary.

Question 6

(Repeat) What are the four questions, as outlined in the ECHR, when examining the infringement on a right?

Answer 6

1. Was there interference?
2. Was the interference ‘prescribed by law’
3. Did the interference have a legitimate aim?
4. Was the interference ‘necessary in a democratic society’?

Question 7

What are the considerations when examining whether there was an interference with freedom of expression? (4).

Answer 7

1. Formalities
2. Conditions
3. Restrictions
4. Penalties

Question 8

What are the two considerations when determining whether interference was prescribed by law?

Answer 8

1. Is the provision sufficiently precise?
2. Are the consequences foreseeable?

Question 9

Where can the legitimate aims be found?

Answer 9

s 10(2).

Question 10

In Handyside v UK, what was determined?

A. The ECtHR is in a better position to determine whether a state’s interference with freedom of expression is in the pursuit of a legitimate aim?

B. Domestic courts are in a better position to determine whether the state’s interference with freedom of expression is in the pursuit of a legitimate aim?

Answer 10

B.

Question 11

What are the three considerations when determining whether interference with freedom of expression is necessary?

Answer 11

1. Corresponds to a pressing social need
2. Proportionate to the legitimate aim being pursued?
3. Are the reasons given by the relevant authority relevant and sufficient?

Question 12

Literary/cinematic/artistic.

Politics/ matters of public concern.

Commercial.

Order the above according to higher and lower margins of appreciation.

Answer 12

Politics / matters of public concern

Literary / cinematic / artistic

Commercial.

Question 13

What are the domestic applications of ‘national security and territorial integrity’ restrictions on freedom of expression.

Answer 13

State security laws.

Question 14

What is the domestic application of the ‘prevention of disorder or a crime’ restriction on freedom of expression

Answer 14

Public Order and Hate Speech Acts

Question 15

What is the domestic application of the ‘health and morals’ restrictions on freedom of speech?

Answer 15

Obscenity laws.

Question 16

What is the domestic application of ‘protection of reputation’ restriction on freedom of expression?

Answer 16

Defamation law. (Private law)

Question 17

What is the domestic application of the ‘preventing disclosure of confidential information’ restriction on freedom of expression?

Answer 17

Misuse of private information law. (Private law)

Question 18

What is the domestic application of the ‘maintaining authority and impartiality of the justiciary’ restriction on freedom of expression?

Answer 18

Contempt of court.

Question 19

What do defamation, privacy laws and contempt of court have in common.

Answer 19

Methods of media regulation.

Question 20

Which case highlights that the court should use the usual structural analysis of questions arising in relation to convention rights.

Answer 20

re Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32; [2023] AC 505 [111].

Question 21

What are the four considerations when considering whether interference is ‘necessary in a democratic society’.

Answer 21

i. Is the aim sufficiently important to justify interference with a fundamental right?

ii. Is there a rational connection between the means chosen and the aim in view?

iii. Are there less restrictive alternative means available to achieve that aim?

iv. Is there a fair balance between the rights of the individual and the general interest of the
community, including the rights of others?

1. Is aim important
2. Is there a rational connection between means chosen and aim?
3. Are there less restrictive alternatives?
4. Is there a fair balance between the rights of the individual and the greater community?

Question 22

What are the three most notable state security laws?

Answer 22

1. Official Secrets Acts (1911;1989)
2. Investigatory Powers Acts

HOWEVER

The Official Secrets Acts were repealed in 2023 - replaced by the National Security Act of 2023.

Question 23

What are the three offences as outlined in the National Security Act 2023?

Answer 23

1. Obtaining or disclosing protected information.
2. Obtaining or disclosing trade secrets
3. Assisting foreign intelligence services.

Question 24

Identify relevant Acts concerning Public Order and Hate Speech.

Answer 24

Marches and Parades
Public Order Acts (1986; 2023).

Breach of the Peace
Common Law

Racists acts or remarks
Hate Crime and Public Order (Scotland) Act 2021 - Part III Offences of stirring up hatred.

Question 25

Identify a relevant Acts relating to Obscenity.

Answer 25

* Civic Government (Scotland) Act 1982, s.51: criminal offence to ‘display any obscene material in any public place or in any other place where it may be seen by the public’;

Question 26

Define contempt of court.

Answer 26

Interference with the administration of justice.

Question 27

What are the three conditions for a protest to be considered peaceful?

Answer 27

1. Whether the assembly intended to be peaceful or organisers had violent intentions 2. Wether the applicant had demonstrated violent intentions when joining the assemble, and 3. Whether the applicant had inflicted bodily harm on anyone

Question 28

Which two cases explore the conditions attached to peaceful protest.

Answer 28

1. Gulcu v Turkey 2016 2. Shmorgunov and Others v Ukraine

Question 29

The state have both positive and negative obligations under the ECHR.

Answer 29

1. Must not restrict unreasonably. 2. Must safeguard right of assembly.

Question 30

Define association, as outlined in Young, James and Webster v the United Kingdom.

Answer 30

Voluntary grouping for a common goal.

Question 31

What are the two TYPES of restrictions on the freedom of association?

Answer 31

1. Conditions on the exercise of the right. 2. Enforcement measures.

Question 32

What are the legitimate aims for restrictions to Art 11. (5).

Answer 32

1. National security or public safety. 2. Prevention of disorder or crime 3. Protection of health or morals 4. Protection of the rights and freedoms of others 5. Lawful restrictions by members of the armed forces of the police or of the administration of the state.

Question 33

The Public Order Act 2021 recently broadened the scope for police in relation to the excersising of article 11 of the ECHR. What now is the necessary condition for restriction?

Answer 33

Serious disruption to the life of the community, including noise.

Question 34

Before conducting a protest, those organising must what?

Answer 34

Give notice of the processions, details of reason, route, date and time. See Public Order Act 1986 ss 11-13

Question 35

The Police, Crime and Sentencing Act combined with the Public Order Act 2023 now make ... a statutory offence. (2).

Answer 35

1. Conduct that causes or risks serious harm (including serious annoyance and serious inconvenience). 2. Obstructs the public.

Question 36

Abortion (Safe Access Zones) (Northern Ireland) Bill. Discuss.

Answer 36

Clause 5(2)(a): It is an offence to do an act in a safe access zone with the intent of, or reckless as to wether it has the effect of.. influencing a protected person, whether directly or indirectly. Protected persons: Patients and those accompanying them and staff. AG for NI established that there be no defence of reasonable excuse. Whether the because the Bill was potentially incompatible with Art 11, that it was outside the legislative competence of the Stormount. OUTCOME: The bill was compatible with the ECHR, thereby making it within the legislative competence of the Stormount.