Article 10 - Freedom of expression

What does freedom of speech protect according to Handyside v UK?

Freedom of speech protects activity that others may find shocking, disturbing, or offensive, not just inoffensive material

What case established that journalistic sources must be protected?

Goodwin v UK

What provision in the Human Rights Act 1998 gives special regard to freedom of the press?

§12 of the Human Rights Act 1998

Why is political expression important?

Political expression is essential for meaningful free elections

Which case highlights the importance of civil or public interest expression in legitimate public debate?

Steele & Morris v UK (McLibel)

Does the right to receive information/ideas create a general obligation to provide information?

No, as established in Guerra v Italy

Under the Freedom of Information Act 2000, when can the state refuse to provide information?

When the information is not instrumental to exercising the right to freedom of expression.

What are the four criteria to determine if information is instrumental to freedom of expression?

1. Nature of the information

2. Ready and available information

3. Purpose of the request

4. Role of the applicant

Which case provides criteria for balancing Articles 8 (privacy) and 10 (freedom of expression)?

Axel Springer AG v Germany

What is the key term definition of freedom of expression?

The freedom to (1) hold opinions, (2) receive, and (3) communicate information/ideas without state interference.

What is the dictionary definition of freedom of expression?

The unrestrained right to voice ideas, opinions etc

Why can the state not restrict the right to hold opinions or force people to express them?

Because of the democratic nature of the UK

What did the ECtHR state about freedom of expression in Handyside v UK?

It "constitutes one of the essential foundations of a democratic society and one of the conditions for its progress."

What does the right to communicate information and ideas include?

Freedom of the press, political expression, and civil/public interest expression.

What does the right to receive information and ideas include?

• The right to gather and seek information through all lawful sources.

• Freedom for the media to communicate information and ideas to the public.

What is the positive obligation?

To protect citizens freedom of expression

What is the negative obligation

Not to stop citizens from exercising their freedom of expression

When can you interfere with the right?

1. Prescribed by law

2. Necessary in a democratic society (Observer & Guardian v UK)

3. Legitimate aim

What are the 7 legitimate aims?

1. National security

2. Territorial integrity or public safety

3. Prevention of disorder of crime

4. Protection of health and morals

5. Protection of reputation or rights of others

6. Prevention of the disclosure of confidential information

7. Maintaining authority and impartiality of judiciary

What does the Freedom of Information Act 2000 address?

Provides public access to information held by the public authorities

What is the purpose of the Data Protection Act 1998?

To regulate the processing of personal data and protect individuals' privacy.

What does the Defamation Act 2013 focus on?

It reforms the law on libel and slander to balance freedom of expression and protection of reputation.

What is the Investigatory Powers Act 2016?

A law regulating the powers of public authorities to carry out surveillance and interception of communications.

What are the Official Secrets Acts (1911, 1920, 1939, and 1989)?

Laws that protect state secrets and prevent unauthorized disclosure of sensitive information.

What does the Public Interest Disclosure Act 1998 protect?

It protects whistleblowers who disclose information in the public interest.

What is regulated by the Contempt of Court Act 1981?

It ensures fair trials by preventing actions or publications that could prejudice legal proceedings

What is the Obscene Publications Act 1959?

A law that prohibits the publication of obscene materials

What does the Criminal Justice and Immigration Act 2008 address?

It covers various criminal justice reforms, including provisions on obscene publications and sentencing.

What is the common law offence of outraging public decency?

A crime involving conduct that grossly offends public standards of decency.

What does the Public Order Act 1986 regulate?

It addresses offenses related to public order, including hate speech, and was amended by the Religious Hatred Act 2006.

What is the Serious Crime Act 2015?

A law aimed at combating serious and organized crime.

What does the Terrorism Act 2006 focus on?

It includes provisions to prevent and address acts of terrorism.