Article 10 ECHR

Aqa a level law Human rights law

Article 10 imposes both a ….

positive and negative obligation upon the state or its agents as well as private bodies under the doctrine of indirect horizontal effect

As article 10 is a qualified right, when can it be interfered with?

if the interference is prescribed by law and if the measure is necessary in a democratic society in order to further specified legitimate aims

what are the three parts of freedom of expression

• to hold opinions

• to impart information and ideas

• to recieve information and ideas

Held that freedom of expressions extends to expressions that are intended to offend, shock and disturb but restrictions when it causes or is likely to cause significant offence will be permitted

Gillberg v Sweden

3 s*xually explicit paintings that were exhibited at a contemporary art show, restrictions lawfully imposed

Muller v Switzerland

The banning of an offensive film about religion was held not to be a breach of article 10

otto preminger insitut v austria, wide margin of appreciation was given to the state to take into account the wide range of cultures and values of different states

What was the ruling of Handyside v UK?

despite finding art 10 included the right to offend, shock and disturb, the ECtHR found Mr Handyside’s conviction was not a breach as the UK law banning obscene publications fell with state’s margin of appreciation

relevant uk law that restrict offensive material

Offensive Publications Act 1959, defines obscene as ‘intending to deprave and corrupt’, but there is a defence if publication is ‘in the interests of science, literature, art and learning, or any other object of general concern’

Criminal Justice and Immigration Act 2008

creates the offence of possession of extreme p*rnographic images

Art gallery displayed a modern sculpture with two freeze-dried human foetuses

r v Gibson 1991

Case on holocaust denial, restricting his freedom of speech was not a breach of rights

Garaudy v France - ECtHR held that holocaust denial was one of the most severe forms of racial defamation and of incitement of hatred of Jews, no violation

Relevant UK laws that limit freedom of expression in order to prevent disorder or crime include:

The Public Order Act 1986, Racial and religious Hatred Act 2006, and the Anti-terrorism act 2000,