Lecture 1 _ Freedom Of Expression & The Media

Question 1

What is the bill of rights 1689

Answer 1

That the freedom of speech and debates or proceedings in parliament ought not to be impeached or questioned in any court or place out of parliament ~ article IX

Question 2

What is ‘licensing the press’ act 1662

Answer 2

Sweeping powers of search and seizure of unlicensed presses, printing and manuscripts

• expiration 1695

Question 3

Why is freedom of expression important?

Answer 3

• a pillar of democratic society- freedom to impart & receive information
• equal opportunities to contribute to public debate & discourse
• holding power to account & highlighting misfeasance
• transparency indecision - making & institutions
• open justice & confidence in the court system
• however, freedom of expression often conflicts with other rights
• • trump rights’
    *- European system-balancing of rights

Question 4

When should freedom expression yield?

Answer 4

• Harmful speech- hate speech, obscenity, incitement to crime /disorder, glorification of terrorism
• protection of personal reputation
• protection of individual privacy
• pubic interest may, on occasion, require that something is NOT published:
  *In the interests of national security
• the administration of justice - need for judicial impartiality protection of witnesses etc
• protection of vulnerable people
• intellectual property reasons:
• commercial information a trade secrets
• protecting creative interests
• copy right

Question 5

What is article 19 of the universal declaration of human rights 1948?

Answer 5

Article 19: everyone has the right to freedom of opinion a expression: this right includes freedom to had opinions without interference a to seek, receive & impart information & ideas through any
Media regardless of frontiers

• first international recognition of universal entitlement human rights
• NB: UDHR is not legally binding & has no enforcement mechanisms
• it is highly influential on development of more binding instruments

Question 6

What is the European convention on human rights 1950?

Answer 6

• The ECHR & fundamental freedoms
• to legally enforce UNDHR principles in Europe
• purpose: a her second world war - to prevent the vote of fascisim /dictatorship again in Europe
• rights are either absolute (article 3- freedom from torture), limited or qualified
• first instrument to have distinct enforcement machinery & independent court of oversight ( European court of human rights)
• enforceable against public bodies in the uk through the human rights act 1998.

Question 7

Human rights act 1998 section 6

Answer 7

Section 6 of the human rights act section 6- acts of public authorities

• (1) it is unlawful for a pubic authority to act in a way which is incompatible with a convention right
• (3) in this section “ public authority” includes:
• (a) a court or tribunal, and
• (b) any person certain of whose functions are functions of a public nature

Question 8

What is the impact of the human rights act 1998

Answer 8

• Individuals can take action against public bodies for breach of their ECHR rights -in uk counts ( NB - status of media outlets)
• courts must apply ECHR in their decisions
• article 6: right to a fair trial - a limited right
• article 8: private & family life - a qualified right
• article 10: freedom of expression - a qualified right

Question 9

What are the implications of media law

Answer 9

1. No interference with the right to respect for private & family life
2. Qualified by being balanced with other rights & interests, including article 10 right to freedom of expression
3. Qualified right are judged by the ecthr on principles of a “ margin of appreciation”& “proportionality”

• Reflects the principle of open justice
  *Limited because:
• protecting the right of a defendant to a fair trial involves some restrictions on what can be reported
• protection of vulnerable parties & witnesses
• smooth administration of justice
• right to freedom & exchange of information is qualified in article 10 (2) by other rights & interests
• includes the right for the protection of reputation & fair trial
• there may be competing claims for privacy under article 8
• freedom of speech may accordingly have to yield to other interests in particular circumstances
• different to first amendment rights: public debate must be “uninhabited, robust & wide open “: New York Times v. Sullivan 376 US 254 (1964)

Question 10

Proportionality of media law

Answer 10

• Is interference with article 10 justified:
• is it effective in meeting the states legitimate aim?
• is it as least intrusive as possible?
• does it deprive the very essence of the right?
  -Is it fairly balanced between the interests of the individual & the interests of the community as a whole?
• concerns during development of HRA that privacy would roll back artice 10 rights