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Media Law > Media Law: 5 Human rights & English law > Flashcards

Media Law: 5 Human rights & English law Flashcards

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1
Q

EU and UK human rights legislation

[2]

A
  • European Convention on Human Rights (1950)

- Human Rights Act 1998

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2
Q

full name ECHR

[1]

A
  • European Convention for the Protection of Human Rights and Fundamental Freedoms
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3
Q

which court EU, which court not?

[2]

A
  • NOT: European Court of Human Rights

- EU: European Court of Justice

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4
Q

number of countries signed up to ECHR

[1]

A
  • 45
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5
Q

effects of HRA 1998

[5]

A
  • breaches of convention can be dealt with in UK courts
  • interpretation of legislation should be along lines of ECHR
  • public bodies must adhere to ECHR
  • precedents set in ECtJ increasingly affect UK legislation
  • new legislation has to be compatible
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6
Q

what happens if statute found not to comply with ECHR?

[3]

A
  • courts cannot refuse to apply incompatible statute
  • courts can make declaration of conflict
  • government CAN fast-track a statute change
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7
Q

how is new legislation shown to be compatible with ECHR?

[1]

A
  • relevant minister makes a statement
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8
Q

original basic rights

[11]

A

Art 2: right to life
Art 3: freedom from torture, inhuman or degrading treatment
Art 4: freedom from slavery and forced labour
Art 5: right to liberty and security of the person
Art 6: right to a fair trial
Art 7: freedom from unlawful punishment
Art 8: right to respect for private and family life
Art 9: freedom of thought, conscience and religion
Art 10: freedom of expression
Art 11: freedom of assembly and association
Art 12: right to marry and found a family

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9
Q

rights added by First Protocol (1952)

[3]

A

Art 1: right to peaceful enjoyment of possessions
Art 2: right to education
Art 3: right to free elections by secret ballot

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10
Q

DEF: allow most rights to be suspended in important circumstances
[1]

A
  • derogations
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11
Q

private life restrictions

[8]

A
  • ‘necessary in a democratic society in the interests of:
  • national security,
  • public safety
  • or the economic well-being of the country,
  • for the prevention of disorder or crime,
  • for the protection of health or morals,
  • or for the protection of the rights and freedoms of others’
  • restrictions only allowed when ‘pressing social need’ for it
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12
Q

courts refer to considering conflicting rights as…

[1]

A
  • a balancing act
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13
Q

DEF: restriction must go no further than is necessary

[1]

A
  • proportionality
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14
Q

example of proportionality

[1]

A
  • court bans publication to ensure a fair trial, but press claims a postponement rather than a full ban is proportional
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15
Q

Art 10: freedom of expression

[4]

A
  • hold opinions, receive and impart information and ideas
  • without interference by public authority
  • regardless of frontiers
  • does NOT restrict states from licensing media outlets
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16
Q

cases in which freedom of expression was considered

[3]

A
  • 2000: Home Sec wanted to ban publication of security forces role in N Ireland (overturned)
  • child removed from foster parents due to local council’s race policy
  • identities of Venables and Thompson (Bulger killers)
17
Q

legislation protecting freedom of expression against injunctions

A
  • section 12 of HRA
18
Q

considerations when deciding whether to apply an injunction

A
  • how far information has been (or is about to be) available to public
  • public interest
  • provisions of any relevant privacy codes (e.g. Editors’ Code of Practice, PCC or Ofcom)
19
Q

Section 12(2)

A
  • media representation
  • media have a right to know application being made and to defend their case
  • previously injunctions could be slapped on very late without publication knowing about application
20
Q

law around injunctions preventing publication

A
  • ‘rule against prior restraint’ (very old law prohibiting censorship before publication)
  • English law prefers dealing with censorship afterwards (e.g. defamation cases, etc.)
  • injunction pre-publication only allowed if party likely to stand it up in court
21
Q

CASE: only injunction if party likely to win case

A
  • Cream Holdings Ltd v Banerjee [2004]
22
Q

where does section 12 not apply?

A
  • criminal proceedings

Media Law (22 decks)

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