A.8 and A.10 essay Flashcards
(35 cards)
What does a.8 protect?
The right to family life, private life, home and correspondence.
What do you need to raise to prove A.8?
That the publishing or the interfering with your privacy will damage your reputation to a certain level of seriousness.
What must the damage to your reputation not be?
A foreseeable consequence of your actions, like committing a crime.
What will the court need to assess for A.8?
How available this information was to the public, like was it private or public knowledge.
What does A.10 protect?
Your right to receive and impart information. Your right to freedom of expression.
What does A.10 need?
Reasonable pluralism, basically there needs to be a balance between your right to privacy and the freedom of expression.
What is A.10 equal to?
A.8, both as valuable as each other.
What does A.10 emphasise? what does this mean?
The media as a watchdog. The press needs a certain level of freedom to scrutinise the state or popular figures, without it the public are left without a line of defence or an element of truth.
What does the debate between A.10 and A.8 ensure?
That there is responsible journalism.
What type of rights are A.10 and A.8?
Qualified, which means they can be interfered with.
When can A.10 and A.8 be interfered with? example of LR?
When it is necessary and when there is a legitimate reason (LR). Like national security and prevention of crime.
When it comes to A.8 what do the courts ensure?
That the state provides us our A.8 rights.
What shows that the courts ensure the state provides our A.8 rights?
Prisoner correspondence and equality laws.
What is a key case in prisoner correspondence?
Silver
What does silver state?
The government need some control over the prisoner’s correspondence to prevent any potential plans of crime or threatening victims.
What did the law later expand to silver?
That although the government needs some control over prisoners correspondence letters to solicitors and doctors should remain confidential. As there is nothing which could qualify as necessary or as a legitimate aim.
What was the state’s rule before silver?
There was a blanket rule which allowed them to read/monitor any written correspondence and phone calls.
What did Goodwin do?
Said that transgender people needed legal recognition for a change of identity.
What did Goodwin lead the government to do?
To introduce the right to apply for a gender recognition certificate, it and other similar cases led to the current equality act we have today.
How does Goodwin apply to A.8?
As Goodwin refers to your private life, we should all have equal rights to be who we want to be.
What really shows the conflict between A.8 and A.10?
Cases regarding the press.
What cases demonstrates the debate around the press?
Campbell
What happened in Campbell?
Photos of her leaving rehab were published and what she said in counselling.
What was the court’s opinion on the photos being leaked?
That it was ok, as she was a famous model so she was already on the public eye, so she can’t be hypocritical when it is negative press. Also she was a role model for many young girls, so it was in the public interest to know she had a drug issue.
