Restrictions on Art 10 Flashcards

1
Q

What does Art10 often conflict with?

A

Art8

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Hate speech or incitement to hatred

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Miller

A

No such thing as hate crime in English law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Gauraudy

A

Restriction for hate speech was justified.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Right can be restricted on grounds of national security

A

Court rarely challenges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Shalyer

A

Defence for national security failed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Official secrets

A

Unable to disclose any information if national security job.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Observer

A

Could no longer interfere once it was published in US.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Right can be restricted on grounds of public safety cases

A

Shayler
Venables

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Right can be restricted of prevention on disorder cases

A

Gilan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Right can be restricted for protection of health and morals meaning

A

Does not allow immorality and obscenity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Immorality and obscenity

A

state have different views

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Immorality and obscenity examples

A

Child pornography
Incitement to murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Muller

A

Convicted for publishing obscene paintings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Open door

A

Breach for woman to not get information about abortions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Obscenity act

A

Obscene publication Act 1959 and 1964

17
Q

Test of obscentity s1

A

Deprave
Corrupt

18
Q

Deprave

A

Morally bad

19
Q

Corrupt

A

Rotten to defile

20
Q

What does obscene publication acts 1959 and 1964 cover?

A

Publications

21
Q

What does broadcasting act 1990 cover?

A

live broadcasts

22
Q

What does theatre act 1968 cover?

A

Plays and performances

23
Q

Common law offence meaning

A

Indecent actions or displays that may cause offence to the public.

24
Q

Outraging public decency case

A

Knuller

25
Q

Gibson

A

Owner and artist were fined

26
Q

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

A

Defamation Act 2013

27
Q

Defamation

A

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

28
Q

Libel

A

Permanent defamation

29
Q

Slander

A

Transient defamation

30
Q

Libel example

A

Broadcasting

31
Q

Slander example

A

Spoken

32
Q

Absolute Privilege

A

Complete defence for defamation

33
Q

Qualified privilege

A

When statement made is in good faith, accurate or legal and moral obligation so the person gets a defence.

34
Q

Right can be restricted on grounds of preventing the disclosure of information When does it apply?

A

When information is confidential.
When information is not useless.

35
Q

Bedat

A

Civil servants and member of public voice concern even if information is confidential.

36
Q

What act protects whistle blowers?

A

Public interest disclosure act 1998

37
Q

Right can be restricted when maintaining the impartiality of the judiciary case

A

Sunday times