Restrictions on Art 10 Flashcards
What does Art10 often conflict with?
Art8
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.
Gauraudy
Restriction for hate speech was justified.
Right can be restricted on grounds of national security
Court rarely challenges
Shalyer
Defence for national security failed.
Official secrets
Unable to disclose any information if national security job.
Observer
Could no longer interfere once it was published in US.
Right can be restricted on grounds of public safety cases
Shayler
Venables
Right can be restricted of prevention on disorder cases
Gilan
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
Incitement to murder
Muller
Convicted for publishing obscene paintings
Open door
Breach for woman to not get information about abortions