PAPER 3: Section B - Human Rights Law (Article 10) Flashcards
What is Article 10?
Everyone has the right to freedom of expression. This right includes the freedom to hold opinions and to receive and share information and ideas without interference from public authority.
This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema.
What is an contemporary example of Article 11 being in place?
Speaker’s Corner - An area of Hyde Park, London, set aside for public speaking. The Parks Regulation Act 1872 passed a law that anyone can turn up here unannounced to speak on any subject, as long as the police believe their speech is lawful.
What is freedom of expression and its 3 components?
Article 11 states this is the freedom for a person to hold opinions and receive and give information and ideas without state interference. This is through words images and actions.
The components are:
- Freedom to hold opinions
- Freedom to impart information and ideas
- Freedom to receive information and ideas
What is freedom of expression?
States must try not to indoctrinate their citizens and shouldn’t be allowed to distinguish between individuals holding one opinion and another.
The idea is to prevent préjudicie against an individual because of their views by public authorities such as police or a school.
An example is university must prevent unlawful discrimination and promote equality of opportunity.
What is freedom to impart information and ideas? A relevant CASE (R v Handysude v United Kingsom)
The right to ‘offend, shock and disturb’ without judgement. Expressions are protected including political expression, artistic expression and commercial expression, particularly when it raises matters of legitimate public debate and concern.
Case: Court found there was no breach of Article 10 and the UK law fell within the margin of appreciation of the member state. This is in line with the idea of human rights and their interpretation being dynamic and not bound by precedent.
Explain freedom of the press
The freedom to impart ideas requires freedom of the press. To ensure that free expression and debate is possible, there must be protection for elements of free pree, including protection of journalists if sources.
whats public interest and CASE
Steel & Morris vs UK - ECtHR
What rewuirements are required for an order to restrict the freedom of press?
Requires postitive and clear justification
A v B pls - Football sought an injuction
what are the requiremnts for celebrities and relevant case
weller v associated newspapers
What is tort of defamation?
..
The Defenation Act 2013
Provides a statement isnt defemat
whata re the exceptions to this law
7) Pinto Coelho v Portugual
