How does the UK protect Article 8?

Question 1

Who can breach Article 8?

Answer 1

• Police officers, as they work for a public authoirty.
• Judges in a court, as they work for a public authority.
• Journalists, but only under UK law.

Question 2

Who cannot breach Article 8?

Answer 2

Citizens, as they are private individuals.

Question 3

What does section 6 of the Human Rights Act 1998 state?

Answer 3

Public authorities must take measures to protect privacy.

Question 4

What is defamation?

Answer 4

Something which damages an individual’s reputation, identifies the victim and is published to a third party.

Question 5

What does defamation cover?

Answer 5

• Libel.
• Slander.

Question 6

What is libel?

Answer 6

Permanent defamation.

Question 7

What is slander?

Answer 7

Transient defamation.

Question 8

What does the Defamation Act 2013 require?

Answer 8

• The claimant to show it caused ‘serious harm’.
• Proof of special damages for slander cases.

Question 9

What are the defences to a claim for defamation?

Answer 9

• Truth.
• Honesty.
• Public interest.
• Attempts made to verify the truth.
• Internet defences.
• Privilege.

Question 10

What are the aims of the Investigatory Powers Act 2016?

Answer 10

• To combine powers of law enforcement and intelligence agencies.
• To introduce double-lock for interception warrant.
• To create a Commisioner to oversee.
• To modernise powers for modern age.

Question 11

What is the purpose of the Data Protection Act 1998?

Answer 11

• Controls how personal data is used by organisations such as businesses or the government.
• Requires that anyone using data has to follow the data protection principles.

Question 12

What is the objective of the Protection from Harassment Act 1997?

Answer 12

To prevent stalking.

Question 13

What criminal offences are included in the Protection from Harassment Act 1997?

Answer 13

• Pursuing a course of conduct amounting to harassment.
• Putting the victim in fear of violence due to harassing conduct.

Question 14

What is the objective of the Malicious Communications Act 1998?

Answer 14

To prevent offensive communications.

Question 15

What criminal offence is included in the Malicious Communications Act 1998?

Answer 15

Sending a letter, article or any electronic message which conveys:
- A grossly offensive message.
- A threat.
- Information which is false or believed to be false.