Article 10

• what does article 10 (1) say?


  Everyone has the right to freedom of speech this includes the right to hold opinions, recieve information and impart information and ideas without interference from public authority
• what are the key provisions of article 10


  freedom to hold opinions

  freedom to receive information and ideas

  freedom to impart information and ideas
• Freedom to hold opinions 


  There is no restrictions to what an opinion a person can hold

  no one should be forced to communicate an opinion
• is article 10 a positive or negative duty


  Negative duty as it is imposing a negative duty on state preventing them from doing something
• freedom to impart information and ideas


  this includes the right to “shock,offend and disturb”

  Handyside v uk case- there was no breach of Article 10
• Handyside v uk 


  no breach of Article 10 it fell within the margin of appreciation
• what types of expressions are protected under article 10


  political

  artistic

  commercial
• political expression 


  have less margin of appreciation as it is “high value”
• artistic expression 


  O v Austria
• commercial expression 


  Steel morris v uk- public intrest
• Freedom of press


  freedom of press ensures free expression and possibility to debate

  Goodwin v Uk , axel springer v germany
• Goodwin v Uk


  Breach of Article 10 as the injunction was already done which prohibited the injunction
• Axel springer v germany criteria for balancing Article 8 and Article 10

  • was the information of general interest
  • the noterity or the perso involved and the subject matter
  • prior conduct of the person involved
  • method of obtaining the information
  • conduct, form and consequences of publication
  • severity of sanction imposed
• Freedom to receive information and ideas


  includes the freedom to gather and seek out information through all lawful sources

  includes the freedom to enable the media to communicate information to the public and the public have the right to be adequately informed

  Guerra v italy
• Guerra v italy


  Positive duty to make information know
• what does the investigatory powers act 2016 give 


  give everyone. in the uk the right to access recorded information held by public sector organisation
• Justifications of article 10 (2)


  prescribed by law

  necesssary in a democratic society

  intrests of the national security
• Article 10 (2)- for the prevention of crime and disorder 


  it must be proportionate

  Surek v turkey
• (2) protection of the reputation or rights of others 


  Article 8 and 10 must be balanced

  Bedat v switzerland
• (2) preventing the disclosure of information received in confidence 


  if you revive information through unlawful means it cannot be expressed