What does Article 10 protect?

Question 1

What does Article 10 (1) state?

Answer 1

• Everyone has the right to freedom of expression.
• This right includes freedom to hold opinions and to recieve and impart information and ideas without interference by public authority and regardless of frontiers.
• This right shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

Question 2

What does Article 10 (2) state?

Answer 2

States must not:
- Indoctrinate citizens.
- Discriminate on grounds of opinion.
- Force disclosure of opinion.
States Must:
- Promote balanced views.
- Foster equality.

Question 3

What does the freedom to communicate information and ideas include?

Answer 3

• Political opinions, artistic expression and commercial expression.
• Especially where the expression raises concerns and national debates.

Question 4

What is political expression seen as?

Answer 4

A “high value” expression.

Question 5

What right is protected, and by what case?

Answer 5

The right to ‘offend, shock and disturb’, thanks to Handyside v UK

Question 6

What happened in Handyside v UK (1976)?

Answer 6

• Handyside published a book aimed at children that taught them about sex, including pornography.
• The UK court convicted Handyside under the Obscene Publications Act 1959.
• The ECtHR found no breach of Article 10.
• Fell within the margin of appreciation.

Question 7

Why is the freedom of press implied?

Answer 7

It is necessary in order to impart ideas.

Question 8

What have many cases held regarding journalists?

Answer 8

That ordering a journalist to reveal the source of information can breach Article 10.

Question 9

Why must political expression be protected?

Answer 9

In order to allow free and open elections.

Question 10

What must a line be drawn between in political expression?

Answer 10

Political expression and criminal activity.

Question 11

What situation demonstrates the importance of drawing a line between political expression and criminal activity?

Answer 11

• Jo Cox was an MP who campaigned for the UK to remain in the EU and was subsequently murdered.
• A man was arrested for calling people to “Jo Cox an MP” in response.

Question 12

What is civil expression?

Answer 12

Where the conversation is of public concern.

Question 13

What might civil expression include?

Answer 13

Information regarding commercial enterprises such as fracking or building a motorway.

Question 14

Why is artistic expression vital?

Answer 14

• Challenges the status quo.
• Often is used in conjunction with other forms of expression.

Question 15

What does artistic expression have and why?

Answer 15

• A wide margin of appreciation.
• Due to states having to balance this against things which are offensive or inappropriate.

Question 16

What does Article 10 cover regarding hate speech?

Answer 16

An “incitement to hatred”.

Question 17

Is an “incitement to hatred” protected under Article 10?

Answer 17

No.

Question 18

What does an “incitement to hatred” include?

Answer 18

• Encouraging violence.
• Promoting fake news which encourages criminal activity based on hate.

Question 19

What can citizens make requests for?

Answer 19

Information held by a public body according to the laws of the land.

Question 20

Why can citizens make a request for information held by a public body?

Answer 20

The population at large have a right to be properly informed.

Question 21

What does the access to information apply to?

Answer 21

• State-held information.
• Information that contributes to public interest.
• Should not be to sensationalise information.

Question 22

What is considered in regards to recieving information without interference?

Answer 22

• The purpose.
• The nature of the information.
• The role of the applicant.