Human Rights - Article 10

Question 1

what does article 10(1) state?

Answer 1

everyone has the right to freedom of expression

Question 2

what case example can be used for article 10(1)?

Answer 2

Handyside - published book for children about sex porn and drugs. convicted under obscene publications act 1959. court found no breach.

Question 3

freedom to hold opinions:

Answer 3

the state cannot teach citizens or discriminate citizens who hold a different opinions.
cannot be forced to communicate views.

Question 4

what case example can be used for ‘freedom to hold opinions’?

Answer 4

Equality Act 2010 - a university must prevent unlawful discrimination and promote equality of opportunity.

Question 5

freedom to impart info and ideas:

Answer 5

right to offend, shock and disturb
freedom of the press, political expression, artistic expression and hate speech

Question 6

freedom to receive information and ideas:

Answer 6

state cannot restrict a person from receiving it
e.g filtered news/media

Question 7

what case example can be used for ‘freedom to receive information and ideas’?

Answer 7

Dublin Well Woman - Irish health facilities restricted information about abortions to pregnant women.

Question 8

A10(2) =

Answer 8

conditions the state must meet if they wish to limit this right

Question 9

prescribed by law:

Answer 9

an act which interferes with your right
must have a legal basis which is clear, precise and predictable

Question 10

what case examples can be used for ‘prescribed by law’?

Answer 10

Shayler - conflict between his freedom of expression and the official secrets act 1989

Article 8 - can be used to restrict newspapers right to expression

Question 11

legitimate aim:

Answer 11

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

Question 12

what case example can be used for ‘legitimate aim’?

Answer 12

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

Question 13

necessary in a democratic society:

Answer 13

proportionality = choosing option that’s least restrictive
margin of appreciation = the space of manoeuvre that the Strasbourg organs are willing to grant national authorities

Question 14

restrictions on article 10:

Answer 14

obscene publications act 1959
defamation act 2013
protection from harassment act 1997
malicious communications act 1988
duty of confidentiality (common law)

Question 15

definition of obscenity under OPA 1959:

Answer 15

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.

Question 16

defences to OPA 1959:

Answer 16

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

Question 17

what case example can be used for ‘obscene publications act 1959’?

Answer 17

Gibson - artist made a piece of art with foetus earrings. guilty under laws of obscenity. no breach.

Question 18

defamation act 2013 states defamation can occur in which two ways:

Answer 18

libel - defamation is permanent (written)
slander - defamation is temporary (spoken)

Question 19

three part test for defamation:

Answer 19

1. claimant is identified or referred to (named/photographer etc)
2. statement is published to a third party
3. serious harm must result (damage to reputation or loss of monetary value to business or livelihood)

Question 20

what case example can be used for ‘defamation act 2013’?

Answer 20

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.

Question 21

defences to defamation:

Answer 21

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

Question 22

what case example can be used for ‘defamation act 2013 defences’?

Answer 22

Depp - Actor was named ‘wife-beater’ in published statement. Disney cut ties with him so he suffered a monetary loss. Breach.

Question 23

protection from harassment act 1997:

Answer 23

S1 pursuing a course of conduct amounting to harassment
S4 putting the victim in fear of violence

Question 24

what case example can be used for ‘protection of harassment act 1997’?

Answer 24

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.

Question 25

malicious communications act 1988:

Answer 25

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

Question 26

duty of confidentiality tests:

Answer 26

1. the info has a quality of confidence
2. info was given in confidence
3. must be an unauthorised use of the info which would be harmful to the person
4. claimant must have suffered a detriment

Question 27

what case examples can be used for ‘duty of confidentiality’?

Answer 27

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.

Question 28

defences to duty of confidentiality:

Answer 28

cannot be trivial/minor
cannot he already in public domain
if it is in public interest, it will be published

Question 29

remedies:

Answer 29

money
injunctions