freedom of expression Flashcards
(11 cards)
What is the intrinsic value of freedom of expression?
It is about individual autonomy, allowing individuals to express themselves and hear the views of others.
How does freedom of expression function as a democratic value?
It allows essential expression and contesting of ideas, promotes tolerance, and ensures informed decision-making in democratic societies.
Is freedom of expression an unlimited right?
No, it is not unlimited. Legal safeguards exist to protect vulnerable individuals, and its abuse can lead to a chilling effect on others.
What is covered under Article 10 ECHR?
Expression covers words, images, and actions intended to express ideas or present information, including those that may be offensive, shocking, or disturbing.
What are legitimate aims for restricting freedom of expression under Article 10(2) ECHR?
National security, prevention of disorder or crime, protection of health or morals, reputation or rights of others, and maintaining judicial authority.
What are the four questions the ECtHR asks when analysing interference with freedom of expression?
- Has there been an interference? 2. Was it prescribed by law? 3. Did it pursue a legitimate aim? 4. Was it necessary in a democratic society?
What is the “necessary in a democratic society” test?
It examines whether the interference corresponds to a pressing social need, whether it’s proportionate to the aim, and if less restrictive measures are available.
How is freedom of expression protected in the UK?
Through common law, the Human Rights Act 1998 (incorporating Article 10 ECHR), and various laws such as the Public Order Act 1986 and the Official Secrets Acts.
What role does the “margin of appreciation” play in the analysis of freedom of expression cases?
It allows national courts to make initial assessments on the necessity of restrictions, with the ECtHR making the final ruling.
What are some legal restrictions on freedom of expression in the UK?
Restrictions include defamation laws, hate speech laws, and laws protecting state security, such as the Official Secrets Act and Public Order Act.
What does the Higher Education (Freedom of Speech) Act 2023 address?
It aims to protect academic freedom and free speech in universities, addressing concerns such as no platforming and intimidation of speakers.
