Restrictions Under Articles 8, 10 and 11 Flashcards
8 (1) restricted under 8(2):
The right to respect family and private life can be restricted if there is a law, required in a democratic society and it:
a) Benefits national security, public safety or the economic well-being of the country,
b) prevents disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
10 (1) restricted under 10( 2):
Freedom of expression can be restricted if there is a law, required in a democratic society and it:
a) Benefits national security, the country’s boundaries or the public’s safety.
b) Prevents disorder or crime
c) Protects the health or morals of its citizens.
d) Protects reputation or rights of citizens who are affected by a person exercising their freedom under Article 10(1)
e) Prevents the revelation of info gained under trust
f) Maintains the authority and neutrality of the judiciary.
R v Ponting: National Security
D gave opposition MPs documents stating that the gov had lied about the sinking of an Argentine battleship during the Falklands War.
Outcome: Despite the clear direction of the judge that D’s conduct did amount to an offence, the jury found D not guilty.
Section 12 HRA 1998:
Incorporated into HRA in relation to freedom of expression and adds further restriction to A10.
This section requires courts when granting ‘relief’ to have particular regard to the importance of the freedom of expression. A court should not impose, for example, an injunction without the respondent being notified, unless there is a strong justification for doing such.
Article 11(1): Restriction Under Article 11(2):
Can be restricted if:
- Benefits national security or the public’s safety.
- Prevents disorder or crime
- Protects the health or morals of its citizens
- Protects rights and freedoms of others.
Can be restricted by a curfew, country’s armed forces, police or similar organisations, necessary in a democratic society.
