Article 10: Freedom of Expression

What type of right is Article 10 and what type of expression does it respect?

Qualified right which protects expression in any format (spoken, written, pictures, and action)

What are the three rights under article 10 freedom of expression?

1. The right to impart (give) information

2. The right to receive information

3. The right to hold opinions

Under Handyside V UK what does this include the right to do?

“offend, shock or disturb”

When is the right to recieve information especially important?

In political contexts- where the public need to scrutinise with openness

What is the case that states where the right to receive information is more important in political contexts?

Wagstaff V Secretary of State for Health

Despite the right to receive information what does this not create on the state?

A general positive obligation on the state to disseminate information

What is the case that states there is no general positive obligation to disseminate information?

Guerra V Italy

In what circumstances does the UK allow citizens to gain information from public bodies?

To scrutinise the state via the Freedom of Information Act 2000

What can opinions not be under article 10(2)?

Qualified

What must the state avoid in relation to opinions?

Indoctrination

What type of speech can be limited under the right to hold opinions?

Hate speech can be limited