Freedom Of Expression Flashcards
(28 cards)
What article of the Irish Constitution guarantees freedom of expression?
Article 40.6.1.
What are the main qualifications on freedom of expression in the Irish Constitution?
Subject to public order, morality, and the authority of the State.
Name three things prohibited under Article 40.6.1.
Blasphemous, seditious, or indecent publications.
What case confirmed that public order/morality could justify complete prohibition of expression?
Aughey v Ireland (1989).
What did State (Lynch) v Cooney (1982) establish?
Restrictions on broadcasting to maintain public order are constitutional.
What was clarified in Murphy v IRTC (1999) regarding communication rights?
Supreme Court confirmed that citizens can express both opinions and facts, not just influence public opinion.
What is the relationship between Article 40.3 and 40.6.1 according to Barrington J?
Both protect communication but Article 40.6.1 is focused on public participation in democracy.
How did the court treat political advertising bans in Colgan v IRTC (2000)?
Upheld them as proportionate to maintaining fair public debate.
What important point was made about prior restraint in Mahon v Post Publications (2007)?
Freedom of expression is sacrosanct; prior restraint requires the highest level of justification.
What did O’Brien v RTE (2015) decide regarding freedom of expression?
Prior restraint justified where breach of confidence and no legitimate public interest.
What principle was emphasized in Start Mortgages DAC v Gilroy (2021)?
Defamation can justify prior restraint if publication is malicious and damaging.
How did the Court rule on prisoner communication rights in Holland v Portlaoise Prison?
Prisoners retain their right to communicate, subject to proportional limits.
What protection does Article 10 ECHR provide to freedom of expression?
Near absolute protection, even for speech that shocks, offends, or disturbs.
What did Jersild v Denmark establish about journalists and racist speech?
Journalists must be protected when reporting on important public issues, even if offensive.
What principle about politicians was set in Lingens v Austria?
Politicians must tolerate greater criticism than private citizens.
What was the European Court’s approach to history debates in Lehideux v Isorni?
Distinguishes between legitimate history discussion and Holocaust denial (the latter not protected).
What did Bladet Tromsø v Norway clarify about media obligations?
Journalism must act in good faith, based on reliable facts to enjoy full protection.
What is the “margin of appreciation” concept seen in Murphy v Ireland (ECHR)?
States have more leeway to restrict expression on religion and morals.
How did the Court handle Holocaust imagery in PETA Deutschland v Germany?
Germany’s ban on using Holocaust imagery for animal rights campaigns was upheld.
What does the Animal Defenders International case say about political advertising?
Banning political advertising can be justified to protect democratic fairness.
What Irish Acts restrict freedom of expression for public order reasons?
- Offences Against the State Act 1939
- Broadcasting Acts
- Official Secrets Act 1963
What does censorship law (Publications and Films) regulate?
Obscene, indecent, or harmful material.
Is blasphemy still a crime in Ireland?
No — the Thirty-Seventh Amendment repealed blasphemy.
What must be proven to restrain publication based on contempt of court?
That the publication seriously risks prejudicing ongoing proceedings.
