Article 10 - right to freedom of expression

What kind of right is it ?

A qualified right

What does article 10 protect

An individual’s right to express themselves and in consequence to hold an opinion, and to receive and impart information and ideas without state interference

The scope of the article 10 includes……

Artistic, political and journalistic expression which may take form in newspapers, film, painting radio and television

which section of which act gives special focus on respecting freedom of speech in relation to journalistic, artistic and literacy material

S12 (4) Human Rights Act 1998

The scope of the act also covers…

Public protests and demonstrations

Case for freedom of expression though protests

Steel

The 2 elements defined as ‘expression’ under A10 (1)

1. Freedom to hold opinions

2. Freedom to impart and receive information or ideas

Case for although we have a right to receive information, the government is not under duty to provide it

Guerra

A10 (1) - What are the two values of expression ?

High value and low value

Case for low and high value expression

Handyside v UK

Case for artistic expression

Otto-Preminger

High value expression

Political and religious expression is harder for the state to interfere with because it as a narrow margin of appreciation

Low value expression

Artistic and commercial expression is easier for the state to interfere with because it has a wide margin of appreciation

To ensure freedom of expression and debate are possible…….

There must be protection for elements of free press

Case for freedom of press to critisise governments and institutions without fear of prosecutions

Mosley

Case journalist should not have to reveal their sources

Goodwin

The criteria used in balancing A10 and A8

• whether the info contributes to a debate of general interest

• The notoriety of person concerned and the subject matter of the report

• The prior conduct of the person concerned

• The method of obtaining the info and Its veracity

• The content, form and consequence of the publication

Case for criteria used to balance A10 and A8

Axel springer

A10 (2) - right can be restricted on basis of

• benefits national security or the publics safety

• Prevents disorder or crime

• Protects the health or morals of its citizens

• Protects the rights and reputation of others

• Prevents the revelation of info gained under trust

• Maintains the authority and neutrality of the judiciary

Case for protects the health a by morals of citizens

Lemon

Case for national security

Observer and the Guardian UK

Restrictions must be

Prescribed by law