Restrictions on Art 10 Flashcards
Hate speech or incitement to hatred
C can not argue Art10 for what is considered hate speech or incitement to hate.
Miller
No such thing as hate crime in English law.
Right can be restricted on grounds of national security
Court rarely challenges
Official secrets
Unable to disclose any information if national security job.
Right can be restricted on grounds of public safety cases
Shayler
Right can be restricted for protection of health and morals meaning
Does not allow immorality and obscenity.
Immorality and obscenity
state have different views
Immorality and obscenity examples
Child pornography
Muller
Convicted for publishing obscene paintings
Obscenity act
Obscene publication Act 1959 and 1964
Test of obscentity s1
Deprave
Corrupt
Deprave
Morally bad
Corrupt
Rotten to defile
What does obscene publication acts 1959 and 1964 cover?
Publications
What does broadcasting act 1990 cover?
live broadcasts
What does theatre act 1968 cover?
Plays and performances
Outraging public decency case
Knuller
Right can be restricted for protection of reputation or right of others Act
Defamation Act 2013
Defamation
Saying something or writing something about somebody which is offensive and untrue.
Libel
Permanent defamation
Slander
Transient defamation
Libel example
Broadcasting
Slander example
Spoken
Absolute Privilege
Complete defence for defamation