ARTICLE 10

Question 1

ARTICLE 10

Answer 1

The right to freedom of expression. Includes freedom to hold opinions + to receive n impart info.

Question 2

Handyside v UK

Answer 2

freedom of expression protects even things which are shocking, disturbing or offensive.

Question 3

10.1

Answer 3

Rights:
Handyside v UK freedom of expression protects even things which are shocking, disturbing or offensive
Jersild v Denmark political expression in pursuit of truth and support for democracy considered more worthy of protection
Guerra v Italy - Art.10 prohibits gov from restricting a person from receiving info; does not impose a duty on state to collect, gather then disseminate info

Question 4

Mention 10.2

What kind of right is Art.10?

Answer 4

A qualified right, meaning it can be limited or restricted under the conditions of 10.2.

Question 5

3 elements

Any limitations on the right must be…

Answer 5

In accordance with the law,
Necessary in a democratic society
- interests of public safety (Sürek v Turkey)
- prevetion of crime n disorder
- protection of rights of others (Axel Springer v Germany)
- protection of reputation of others (Bedat v Switzerland),
Proportionate
- fair balance struck between aim n right in least intrusive method possible (Kudrevicius v Lithuania)

Question 6

Article 10 + English law

Answer 6

Art 8 not available in private disputes - only possible concerning public authority.
However, courts are public authorities and under s.6 HRA must act compatibly with Convention rights and uphold Art.8 rights.

Balancing Art.8 and 10 rights

Question 7

Tort of misuse of private information

Intro

Answer 7

Publication/threatened publication of personal info
- C will need to establish reasonable expectation of privacy
-balance Art.8 +10 rights

Question 8

Element 1 of TMPI - why there’s an expectation of privacy

Answer 8

C will need to establish a reasonable expectation of privacy
In Campbell v MGN, Lord Hope established that ‘what is private is to be judged from the viewpoint of a reasonable person of ordinary sensibilities in the same position as C
Murray v Big Pictures Ltd - factors = attributes of C, activity engaged in, absence of consent, how info was obtained n what it was used for

Question 9

Element 2 of TMPI - balancing Art.8 + 10

Answer 9

HRA s.12(4) - the court must have particular regard to the importance of the Convention right to freedom of expression
Campbell v MGN - balancing done on case-by-case-basis
Axel Springer v Germany:
- contributes to debate of general interest?
- notoriety + subject manner
- method of obtaining info + veracity
- content, form n consequence of publication

Question 10

Tort of defamation

Answer 10

Defamantion Act 2013
s.1 ordinary person would think worse of C as result of statement. published to 3rd party
Lachaux serious harm caused/likely to be caused
Defences s.2-4 truth, honest opinion, public interest

Question 11

Harassment

Answer 11

Protection from Harassment Act 1997
s.1 person must not pursue a course of conduct that amounts to harassment of another. includes causing distress
s.2 involves at least 2 incidents. criminal sentence = max 6 months prison
s.3 V may bring civil claim for damages/injunction

Question 12

Jersild v Denmark

Answer 12

political expression in pursuit of truth and support for democracy considered more worthy of protection

Question 13

*Axel Springer v Germany

Answer 13

10.2 limitations: protecting rights of others
11.Balancing Art 10 +8
- contributes to debate of general interest?
- notoriety + subject manner
- method of obtaining info + veracity
- content, form n consequence of publication

Question 14

Guerra v Italy

Answer 14

10.1
Art.10 prohibits gov from restricting a person from receiving info; does not impose a duty on state to collect, gather then disseminate info

Question 15

Murray v Big Pictures Ltd

Answer 15

Element 1 of TMPI - factors for why there’s an expectation of privacy: attributes of C, activity engaged in, absence of consent, how info was obtained n what it was used for

Question 16

Sürek v Turkey

Answer 16

Limitations, necessary in a democratic society:
- interests of public safety
- prevetion of crime n disorder

Question 17

*Campbell v MGN

Answer 17

Element 1 of TMPI - why there’s an expectation of privacy
Lord Hope established that ‘what is private is to be judged from the viewpoint of a reasonable person of ordinary sensibilities in the same position as C

Question 18

Bedat v Switzerland*

Answer 18

10.2 limitations
protection of reputation of others

Question 19

Kudrevicius v Lithuania*

Answer 19

10.2 limitations
any limitations must be a fair balance struck between aim n right in least intrusive method possible