article 10 eval

• pro - press freedom is protected under A10 but it is necessary to balance the right with A8

  • the ECtHR sets out the criteria to decide if A10 outweighs A8 - axel springer case
• pro - there is importance on journalist expression - law protects journalists sources in that they dont have to disclose sources unless in national security issues
• pro - qualified right - needing to strike a balance between the rights of the individual and the rights of the community
• pro - high and low value of expression - state wont intervene with important matters such as politics
• pro - people are free to hold opinions which cannot be taken away from them
• pro - fundamental in a democratic society - without A10 people wouldn't be allowed to debate as having own opinion would be considered illegal
• pro - information can be protected under official secrets act 1989, however the freedom of information act 2000 allows access to state information
• con - people are scared to take on big companies at risk of being sued for defamation
• con - law may fall behind technology due to it quickly advancing - issues that arise because of technology might not be dealt with correctly due to there being a lack of knowledge