article 10 The Right To Freedom Of Expression

Question 1

what does article 10 state

Answer 1

everyone has the right to freedom of expression

Question 2

what does the right to freedom of expression include

Answer 2

the right to recieve information- goodwin v uk (press can protect their sources)
the right to communicate information- handyside v uk (the right to offend, shock and disturb)
freedom to hold opinions

Question 3

what does sc 2 state

Answer 3

freedom of expression can be restricted if it is
prescirbed by law
necessary in a democratic society (observer and gaurdian v uk)- spy catcher
for a legitimate aim

Question 4

legitimate aims
in the interest of national safety

Answer 4

r v shaylor- wasnt allowed to publish official documents using this defence

Question 5

prevention of crime

Answer 5

surek v turkey- applicant committed an offence and wasnt allowed to publish (facist turkish army)

Question 6

for the protection of health and morals

Answer 6

otto v austria - offensive catholic films banned
open door and dublin v ireland- giving pregnant women info about abortion in britain was not allowed

Question 7

for the protection of others

Answer 7

garvady v france- holocaust denier was denied publication

Question 8

to prevent disclosour of info received in confidence

Question 9

impartiality of judiciary

Answer 9

sunday times v uk- thalidomide case couldnt publish article before setlements

Question 10

other restrictions

Answer 10

article 8
defemation
harrassment act

Question 11

Article 8-Balancing article criteria

Answer 11

richards v bbc (criteria for balancing articles)
how well know was the person? hanover v germany
what is the subject matter?
is it a matter of public interest?
how was the info obtained?
whar are the consequences of the publication?
Campbell v MGN

Question 12

defamation

Answer 12

protects against untrue statments which refer to a person. allows people to claim damages for having lies printed or spoken about them or an injunction to prevent further publication

Question 13

sc1 defemtion act

Answer 13

not defemation unless statment causes serious harm to a reputation
defences:
statement is true
honest opinion
public interest
peer review
reports protected by privilege

vardy v rooney

Question 14

harrassment act

Answer 14

protects people from situations such as stalking, nuisance calls, intrusive media attention
sc1 prohibits a course of conduct which may causes harrassment
has to happen more than once
includes alarm or distress that a reasonabe person would class as harrassment

trimingham v associated newpspapers