Flashcards in Freedom of expression Deck (19):
Why protect free speech? (3 things)
2 forms of expression that are protected
Political free speech which consists of parliamentary debates, media freedom, holding government to account.
Non political speech which is less protected.
Commercial advertising, artistic expressions, casual expression.
What does article 10(1) of the European court of human rights say?
Everyone has the right to receive and impart information without interference of the public bodies
what does article 10(2) say about the restrictions of freedom of expression?
national security (e.g. Official Secrets Act 1989)
●territorial integrity or public safety (terrorism laws)
●for prevention of disorder or crime (breach of peace)
●for protection of health or morals (obscenity laws)
●for the protection of the reputation or the rights of others
●for preventing disclosure of info received in confidence (data protection laws)
●for maintaining the authority and impartiality of the judiciary (Contempt of Court Act 1981)
What happened in bowman v uk and significance?
Spent more than £5 to advertise a candidate and was charged. Although this was changed to £500 and shows a strong protection for political speech.
Failed necessity test under article 10(2)
What happened in abortion case on tv?
R(pro life alliance) v BBC?
Proportionate restriction on not allowing aborted foetus to be shown on tv. No human right to use a tv channel.
(Legal limits on free speech)How’s to identify if the interference with someone’s right is justified (naked man case)
Glough v UK
1. Was the interference prescribed by law? (Evidence of common law of breach of peace)
2. Did the restriction of his right serve a legitimate aim?( preventing crime and dissorder)
3. Was the interference necessary in a democracy or proportionate?(yes it was a pressing social need )
What is the act that bans political advertising?
Communities act 2003 s321
Effect of communities act 2003 s321
Ban on political part adverts
“Ban on ads with wholey or mainly political nature” even for tshirts
significance of animal defenders case? Dissenting view
R(animal defenders international) v culture secretary
Were banned to show a tv add about animal welfare on basis that was mainly ‘political views’
Dissenting view: harsher constriction of freedom than is necessary in a democracy
(Freedom of information act 2000) who does it apply too? What does it exempt?
Apples to all listed public authorities. Either willing or unwilling.
(Freedom of information act 2000) absolute and qualified
Absolute(can’t be given out)
What’s the case where government didn’t want information to be given out.
R(Evans) v attorney general
Government refused to give information to a journalist and was therefore taken to the Supreme Court and held the use of the veto power s53 was unlawful to override the judgement of the court as it was against the rule of law( parliamentary supremacy).
Dissenting opinion of R(evens)v Attorney general
Rule of law is of primary importance.
(Legal limits on free speech) naked man case: steps the court took
Gough v UK
1 nudity was within scope of expression
2 had state interfered with right to expression? Yes. Interference established
3 was it justified to interfere with his right? Prescribed by law(statute)
Legitimate aim(crime and disorder)
Necessary in a democracy? Yes.pressing social need.
How does the scottis government block official secrets? Jussi always review method newspaper tried to publis extracts from a spy’s book in America case
Guardian and observer v UK
Justified on national security.
Court ruled this was not justified under national security as there had already been leaked extracts of the book in the uk.
So did not fulfil the art 10(2) prohibitation.
Official secrets act
Official secrets act 1989
Offence to make unauthorised disclosure of protected information eg security stuff. Some information if disclosed is a crime even if the information disclosed would not be damaging.
Essay format freedom of expression
Article 10(1) +(2) human rights
Freedom of information act 2002
Communications act 2003 s321
Autonomy truth theory democracy
Forms of expression that are protected political non political
Evans v Attorney general
Bowman v UK
Animal defenders international v UK
R (pro life alliance) V UK
Gough v UK
Interdicted to protect publications of official material
Guardian and observer v UK not justified
Official secrets act 1989 unauthorised disclosure of protected information and is a crime even if not damaging
Article 8 right to private family life Mosley v news group newspapers no public interest