Expression Problem Question Flashcards
(18 cards)
What is the main legal issue in Alice’s case?
Whether her prosecution under Section 25(4) of the Pharmaceutical Regulation Act 2018 breaches her constitutional and ECHR rights to freedom of expression.
What constitutional article protects freedom of expression in Ireland?
Article 40.6.1.i of the Irish Constitution.
Under Article 40.6.1.i, what can limit freedom of expression?
Public order, morality, and the authority of the State.
What ECHR article also protects freedom of expression?
Article 10 of the European Convention on Human Rights (ECHR).
What three conditions must restrictions under Article 10 ECHR meet?
- Prescribed by law
- Pursue a legitimate aim
- Be necessary in a democratic society.
What was the restriction created by Section 25(1) and (4)?
A blanket prohibition on any publication that might encourage use of pharmaceuticals without prescription, enforced by criminal sanction.
What legitimate aim does the State pursue under Section 25?
Protection of public health.
What makes the restriction under Section 25 potentially unconstitutional?
It is overbroad and captures political speech — not just dangerous advertisements.
What kind of speech did the vendor’s post involve?
Political protest and criticism of government regulation.
Why is political speech highly protected under constitutional law and the ECHR?
Because it is essential for democratic participation and public debate.
What Irish cases support cautious restrictions on political expression?
Murphy v IRTC (1999) and Colgan v IRTC (2000).
What principle from Mahon v Post Publications (2007) is relevant?
Restrictions on publication must be proportionate and justified; prior restraint is viewed very sceptically.
What did O’Brien v RTE (2015) say about prior restraint?
It is only justified in exceptional circumstances (e.g., breach of confidence).
How did the site operated by Alice attempt to comply with the law?
By implementing a notification and takedown system for users to report problematic content.
Why is Alice’s position different from that of an active publisher?
She is an intermediary platform operator and not the original publisher of the content.
Why is proportionality important in Alice’s challenge?
Because less restrictive measures could achieve the same aim without criminalizing political speech.
What alternative to a blanket ban could the State have used?
Targeted restrictions on direct commercial advertising rather than political protest speech.
Final Conclusion: Does Alice have a strong constitutional challenge?
Yes — the restriction is likely overbroad, disproportionate, and unconstitutional regarding her role and the nature of the speech.
