Paper 3.5a - Article 10 Flashcards
Under Article 10(1), what are the three rights/freedoms in Article 10? Which of these are absolute and which of these are qualified?
Freedom to hold opinion - absolute.
Right to impart information - qualified.
Right to receive information - qualified.
What are the Article 10 qualified right limits? (Any interference must be…)
… proportionate, lawful, justified under a legitimate aim and necessary in a democracy.
Under Article 10(2), what are the legitimate aims that can limit the qualified rights provided in Article 10? What cases are examples of each of these?
- National security (SpyCatcher)
- Prevention of disorder & crime (Brind)
- Health & morals (Handyside)
- Reputation and rights of others (Goodwin)
- Disclosure of information in confidence (Stoll)
- Maintain authority & impartiality of the judiciary (Sunday Times)
What is the freedom to hold opinion? What is a case example of this?
Allows people to have any opinion they want; the state cannot indoctrinate people. In Vogt, Article 10 was breached when a teacher was fired for her ties to a Communist party.
What is the right to impart information? What is a case example of this?
Allows people to express their opinions (political, religious and artistic) so long as it is adheres to the Article 10 qualified limits. However, people can ‘shock, offend or disturb’ others under this right. In Handyside, the Little Red Schoolbook was banned from schools for its explicit content.
TRUE OR FALSE: Article 10 does not apply to news organisations and as such newspapers are forced to cite their sources.
FALSE: Article 10 does apply and newspapers do not have to cite their sources. This was confirmed in Goodwin.
What case set out the formula to decide whether Article 8 or Article 10 takes precedence? What was the six factors that were deemed important?
Axel Springer AG
- Is the info in the public interest?
- How was info obtained, how accurate was it?
- Are the people in the case of special notoriety?
- What is the prior conduct of the parties involved?
- What are the consequences & content of the publication?
- What is the severity of the sanctions imposed?
(Note: not all of the BPs are required to get the mark. Usually 4/6 will do.)
In terms of Article 10, state what political expression is, why it is important and give a case example.
The freedom to impart information criticising the government or a political party. It is important because it upholds the values of a democracy by holding the government accountable for their mistakes (Incal).
TRUE OR FALSE: Under Article 10, states have a wide margin of appreciation for allowing artistic expression.
TRUE: In Otto-Preminger Institute, the Austrian state decided to ban an erotic movie about Jesus. As it is a Christian state, their rules for artistic expression were more strict, causing the ECHR to rule the ban did not breach Article 10.
Is hate speech protected under Article 10? What case supports this?
No, hate speech is not protected.
Garaudy - author of a Holocaust-denying book was prosecuted.
What is the right to receive information? What is the case study of this right?
Allows citizens to gather information and seek information through lawful sources.
This does not mean the government must inform citizens of things they ought to know.
In Guerra, As complained that gov had not informed them of a hazardous industry plant near their homes. ECHR ruled that gov had not breached A10.
