Human Rights - Article 10 Flashcards
what does article 10(1) state?
everyone has the right to freedom of expression
what case example can be used for article 10(1)?
Handyside - published book for children about sex porn and drugs. convicted under obscene publications act 1959. court found no breach.
freedom to hold opinions:
the state cannot teach citizens or discriminate citizens who hold a different opinions.
cannot be forced to communicate views.
what case example can be used for ‘freedom to hold opinions’?
Equality Act 2010 - a university must prevent unlawful discrimination and promote equality of opportunity.
freedom to impart info and ideas:
right to offend, shock and disturb
freedom of the press, political expression, artistic expression and hate speech
freedom to receive information and ideas:
state cannot restrict a person from receiving it
e.g filtered news/media
what case example can be used for ‘freedom to receive information and ideas’?
Dublin Well Woman - Irish health facilities restricted information about abortions to pregnant women.
A10(2) =
conditions the state must meet if they wish to limit this right
prescribed by law:
an act which interferes with your right
must have a legal basis which is clear, precise and predictable
what case examples can be used for ‘prescribed by law’?
Shayler - conflict between his freedom of expression and the official secrets act 1989
Article 8 - can be used to restrict newspapers right to expression
legitimate aim:
interests of national security
public safety
prevention of crime
protection of health and morals
protection of reputation
to prevent confidential information
maintain authority/impartiality of judges
what case example can be used for ‘legitimate aim’?
Thompson and Venables - restrictions on freedom of expression when it came to new identities of the convicted. this was to protect confidential info and public safety for family members convicted. no breach
necessary in a democratic society:
proportionality = choosing option that’s least restrictive
margin of appreciation = the space of manoeuvre that the Strasbourg organs are willing to grant national authorities
restrictions on article 10:
obscene publications act 1959
defamation act 2013
protection from harassment act 1997
malicious communications act 1988
duty of confidentiality (common law)
definition of obscenity under OPA 1959:
tends to ‘deprave or corrupt’ persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
defences to OPA 1959:
S2(5) = if the person published genuinely did not know it would cause offence
S4 = justified through public good, on the grounds of learning, literature or science
what case example can be used for ‘obscene publications act 1959’?
Gibson - artist made a piece of art with foetus earrings. guilty under laws of obscenity. no breach.
defamation act 2013 states defamation can occur in which two ways:
libel - defamation is permanent (written)
slander - defamation is temporary (spoken)
three part test for defamation:
- claimant is identified or referred to (named/photographer etc)
- statement is published to a third party
- serious harm must result (damage to reputation or loss of monetary value to business or livelihood)
what case example can be used for ‘defamation act 2013’?
Cooke - Benefits Street programme showed Cooke’s properties as unfit to live in. Sued programme for defamation. Claim failed as she could not prove loss of earnings as tenants still paid rent.
defences to defamation:
S2 Truth - imputation conveyed must be substantially true
S3 Honest Opinion
S4 Matter of Public Interest
S5(2) Internet - technological errors
S7 Privilege - statement was made in court/judicial proceedings
what case example can be used for ‘defamation act 2013 defences’?
Depp - Actor was named ‘wife-beater’ in published statement. Disney cut ties with him so he suffered a monetary loss. Breach.
protection from harassment act 1997:
S1 pursuing a course of conduct amounting to harassment
S4 putting the victim in fear of violence
what case example can be used for ‘protection of harassment act 1997’?
Majrowski - C said his employer bullied him. Employer argued the Act only covered stalkers but judge said that was not true and found him liable.
malicious communications act 1988:
D will be convicted if they send malicious communication including letter or electronic communication.
must be indecent/grossly offensive, a threat or information which is false and known or believed to be false
duty of confidentiality tests:
- the info has a quality of confidence
- info was given in confidence
- must be an unauthorised use of the info which would be harmful to the person
- claimant must have suffered a detriment
what case examples can be used for ‘duty of confidentiality’?
Campbell - model photographed exiting a rehab meeting. published with headlines ‘Naomi: I’m a drug addict’. Breach.
Douglas v Hello - celeb couple sold rights to wedding photos to OK magazine. unauthorised photographers took photos that were added. Breach.
defences to duty of confidentiality:
cannot be trivial/minor
cannot he already in public domain
if it is in public interest, it will be published
remedies:
money
injunctions
