Public law - Freedom of Expression

Question 1

What are the reasons for the protection of freedom of expression in a constitutional democracy?

Answer 1

Democratic Governance/Informed Citizenry: Freedom of expression allows citizens to access diverse information, opinions, and ideas.

Question 2

What is protected under Art. 10 of the ECHR? What are the acceptable limitations of freedom of expression?

Answer 2

• What is Protected:
  
  • Right to freedom of expression, including holding opinions and receiving/imparting information.
  • Applies to everyone.
• Acceptable Limitations:
  
  • Prescribed by Law: Restrictions must be defined by clear and accessible laws.
  • Necessary in a Democratic Society: Limitations must be proportionate and serve legitimate aims.

Question 3

Case Example: Sunday Times v. United Kingdom (1979) - European Court of Human Rights (ECtHR)

Answer 3

• Facts:

The Sunday Times, a British newspaper, published articles revealing that a former British intelligence officer, Peter Wright, had written a memoir containing information on MI5 (the UK’s domestic counter-intelligence and security agency). The UK government sought an injunction to prevent further publication, citing concerns about national security.

• Public Interest Argument:

The newspaper argued that the public had a legitimate interest in being informed about the activities of the intelligence services and that the articles served the public interest by contributing to transparency, accountability, and informed public debate on matters of national importance.