Restrictions on Art 10 Flashcards

1
Q

Hate speech or incitement to hatred

A

C can not argue Art10 for what is considered hate speech or incitement to hate.

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2
Q

Miller

A

No such thing as hate crime in English law.

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3
Q

Right can be restricted on grounds of national security

A

Court rarely challenges

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4
Q

Official secrets

A

Unable to disclose any information if national security job.

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5
Q

Right can be restricted on grounds of public safety cases

A

Shayler

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6
Q

Right can be restricted for protection of health and morals meaning

A

Does not allow immorality and obscenity.

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7
Q

Immorality and obscenity

A

state have different views

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8
Q

Immorality and obscenity examples

A

Child pornography

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9
Q

Muller

A

Convicted for publishing obscene paintings

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10
Q

Obscenity act

A

Obscene publication Act 1959 and 1964

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11
Q

Test of obscentity s1

A

Deprave
Corrupt

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12
Q

Deprave

A

Morally bad

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13
Q

Corrupt

A

Rotten to defile

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14
Q

What does obscene publication acts 1959 and 1964 cover?

A

Publications

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15
Q

What does broadcasting act 1990 cover?

A

live broadcasts

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16
Q

What does theatre act 1968 cover?

A

Plays and performances

17
Q

Outraging public decency case

18
Q

Right can be restricted for protection of reputation or right of others Act

A

Defamation Act 2013

19
Q

Defamation

A

Saying something or writing something about somebody which is offensive and untrue.

20
Q

Libel

A

Permanent defamation

21
Q

Slander

A

Transient defamation

22
Q

Libel example

A

Broadcasting

23
Q

Slander example

24
Q

Absolute Privilege

A

Complete defence for defamation

25
Qualified privilege
When statement made is in good faith, accurate or legal and moral obligation so the person gets a defence.
26
Right can be restricted on grounds of preventing the disclosure of information When does it apply?
When information is confidential. When information is not useless.
27
Bedat
Civil servants and member of public voice concern even if information is confidential.