Article 10

• What does Article 10(1) include?

  Freedom to hold opinions

  Freedom to receive and impart information and ideas
• What is the definition of Article 10?

  Freedom to hold opinions or receive and impart information and ideas without interference by public authority, and regardless of frontiers
• What must Article 10(1) be without?

  Interference by public authority, and regardless of frontiers
• Article 10 is an extremely important right to protect
• Why is Article 10 an extremely important right to protect?

  Allows democratic process
• The circumstances the right to freedom of expression may be restricted are narrow
• According to Handyside, what is the broad interpretation of 'freedom of expression'?

  Information or ideas ... that offend, shock or disturb the state or any sector of the population
• Which case gives us the broad interpretation of 'freedom of expression'?

  Handyside
• According to Vogt, what is the freedom to hold opinions?

  States cannot discriminate against individuals based on their opinions
• Which case tells us what the freedom to hold opinions is?

  Vogt
• What does the freedom to receive information include through lawful sources?

  Gather information and seek information
• What does the freedom to receive and impart information enable the media to do?

  Communicate information and ideas to the public
• Why is it important the media can communicate information and ideas to the public?

  Adequately informed on public interest matters
• According to Guerra, what does Article 10 not create a positive obligation to?

  Provide information
• Which case tells us that there is not a positive obligation to provide information?

  Guerra
• Which Act gives everyone the right to access recorded information held by public sector organisations?

  Freedom of Information Act 2000
• According to the Freedom of Information Act 2000, what does everyone have the right to do?

  Access recorded information held by public sector organisations
• Under the Freedom of Information Act 2000, when can an organisation refuse a request for information?

  Sensitive or costs too high
• What four categories does 'freedom of expression' cover?

  Press

  Political

  Artistic

  Commercial
• According to Goodwin, what is important for the press?

  Journalistic expression
• According to Goodwin, why is it important for the press to have journalistic expression?

  Acts as public watchdog - cannot reveal sources
• Which case tells us it is important for the press to have journalistic expression?

  Goodwin
• Which case gives us the six criteria when balancing Article 10 and 8 with freedom of the press?

  Axel-Springer
• According to Axel-Springer, what is the six criteria when balancing Article 10 and 8 with freedom of the press?

  1. Public interest?
  2. Notoriety of person and subject matter
  3. Prior conduct
  4. Method of obtainment and truthfulness
  5. Content, form and consequences
  6. Severity of sanction
• Political expression is extremely important
• Why is political expression extremely important?

  Underpins democracies
• According to Incal, what is the margin of appreciation for political expression?

  Narrow
• Which case tells us the margin of appreciation for political expression is narrow?

  Incal
• According to Monnat, what does political expression extend to?

  Forms of expression in public interest
• Which case tells us political expression extends to forms of expression in public interest?

  Monnat
• Which case tells us that the limits of acceptable criticism of a politician are wider?

  Lingens
• According to Lingens, what are the limits of acceptable criticism of politicians?

  Wide
• According to Jersild, what political expression does Article 10 also apply to?

  That shocks and offends
• Which case tells us political expression also applies to anything that shocks and offends

  Jersild
• States have a wider margin of appreciation when trying to restrict Artistic expression