A10 freedom of expression

What is stated in A10(1)

Everyone has the right to freedom of expression, this includes:

• Freedom to hold opinions

• Freedom to receive & impart info & ideas

Without interference by public authority & regardless of frontiers

What is stated in Handyside v UK

A10 is one of the essential foundations of a democratic society, one of the basic conditions for its progress & for the development of every man

A10 applies to ‘information or ideas that offend, shock, or disturb the state or any sector of the population

Case example for freedom of opinion

Vogt v Germany - disproportionate restriction to dismiss a teacher for being part of the communist party

Case example for freedom to receive & impart information & ideas

Autronic AG v Switzerland

What are the 3 categories of expression

• Political - narrow margin of appreciation

• Artistic - wider margin of appreciation, especially if offensive or blasphemous

• Commercial - wider margin of appreciation but still need to take into account rights of consumers

Case examples for political freedom

• Lingens v Austria

• Incal v Turkey

• Jesild v Denmark racist comments are included in expression which shocks 7 offends

• Monnat v Switzerland - journalistic expression is an important form of expression

• Goodwin v UK - journalists cannot be forced to reveal their sources

Case examples for artistic expression

• Muller v Switzerland - obscene art

• Otto-Preminger Institute v Austria - blasphemy

• VBK v Austria - satirical art may be given a narrower margin of appreciation

Case example for commercial expression

• Markt Intern Verlag GmbH v Germany

Examples of common law & statutory restrictions on A10

Common law:

• Breaach of confidence

• Defamation

• Outraging public decency

Statute:

• Obscene Publications Act 1959 & 64

• Theatres Act 1968

• Broadcasting Act 1990

• Defamation Act 2013

What is stated in A10(2)

The exercise of these freedoms(A10(1)), since it carries with it duties & responsibilities may be subject to such formalities, conditions, restrictions or penalties

What restrictions are set out in A10(2) & what must they be

In accordance with the law, in pursuit of a legitimate aim, necessary in a democratic society

• National security

• Prevention of disorder or crime

• Protection of rights & morals

• Protection of reputation or rights of others

• Prevent disclosure of information received in confidence

• Maintaining authority & impartiality of the judiciary

Case example for protection of national security & details

Observer & Guardian v UK - not necessary in a democratic society to prevent further publication of a book that contained allegations against the conduct of the security services since it was already on sale in the USA

Case example for prevention of disorder or crime

Brind v UK

Case example for protection of health & morals

Handyside v UK

Case example of protection of reputation or rights of others

Goodwin v UK

Case example for preventing disclosure of information received in confidence

Stoll v Switzerland - no breach because the aim of the article was to embarrass the ambassador rather than address an issue of public interest

Case example for maintaining the authority & impartiality of the judiciary & what was held

Sunday Times v UK - restriction of publishing further articles criticising the law was not necessary in a democratic society to uphold the authority of the judiciary

Public interests in the free expression of the press outweighed such concerns

What is the test set out in Handyside v UK when deciding whether a restriction is necessary in a democratic society

• Is there a pressing social need?

• Does the restriction correspond to that need?

• Is restriction a proportionate response to that need?

• Are the reasons given relevant & sufficient?