Freedom of Expression

Question 1

Freedom of Expression

Answer 1

Art 10

Scope:
freedom to hold opinions, recieve and impart info and ideas

Art 10 s 2 :
- limited right
- can be limited by privacy, security, health, justice reasons.

Question 2

Controversial and untrue speech:

Answer 2

Irving v Penguin Books Ltd [2001]

Holocaust denial
But should we prohibit this? One thought is it is better to have around rather than prohibit it and push it down to manifest into more unreliable information
Germany has laws that prohibit people from denying the holocaust.

Norwood v UK:
- vehement and general attack on a religious group can be deemed an abuse of rights under Article 17
- case was about a poster attacking muslims regarding 911.

Gough v UK:
- nudity case
- held to be reasonable and necessary in democratic society to make him wear clothes
- used proportionality test (Bank Mellat v HM Treasury No 2) and found proportionate.

Question 3

limitations to freedom of expression

Answer 3

Art 14
- may not be discriminatory

Art 17
- no rights shall be allowed to have aim of destruction of others rights or limitation of others rights.

Question 4

Test of Proportionality

Answer 4

same as bank mellat v HM treasury No 2
- prescribed in law (de Freitas)
- means matches the aim
- no more than necessary in democratic society
- balancing of interests. (huang)