Article 10 Flashcards
(8 cards)
What does Article 10 of the Human Rights Act protect?
The right to freedom of expression
The right to hold opinions and share ideas
Applies to any medium – speech, writing, images, protest, etc.
What types of expression are protected under Article 10?
Political expression – including protests
Artistic expression
Commercial expression, especially if in public interest
Covers both popular and unpopular opinions
Includes speech that may shock or offend
What must be satisfied to lawfully restrict Article 10 rights?
Prescribed by law
Necessary in a democratic society
Pursues a legitimate aim
What are legitimate aims for restricting freedom of expression?
National security
Public safety
Prevention of crime/disorder
Protection of health or morals
Protection of others’ rights or reputation
Preventing disclosure of confidential info
Judicial authority and impartiality
What factors must courts consider when limiting expression?
Is the restriction proportionate?
Does it cause a chilling effect on free speech?
What’s the value and medium of the expression?
What principle was set in Handyside v UK?
Book for schoolchildren contained controversial material
Held: Freedom of expression includes offensive or shocking speech
No breach – the restriction was justified for protection of morals
Why was Sunday Times v UK important for Article 10?
Article exposed concerns about Thalidomide drug
UK imposed injunction for contempt of court
Court ruled: injunction violated Article 10 – public interest outweighed court concerns
