Article 10 restrictions

• PAN


  Prescribed by law, legitimate aim, necessary in a democratic society
• Obscenity


  Something which corrupts people
• S2(5) cannot be guilty if no cause to believe it's obscene
• S4 if for the common good
• Obscenity cases


  • Handyside- kids sex book
  • Gibson- baby earrings
• Obscenity is considered obscene
• Defamation


  • Libel- written down
  • Slander- verbal
• 3 part test for defamation

  1. Claimant identified

  2. Statement published to 3rd party

  3. Serious harm must result
• Defamation cases


  • Vardy v Rooney
• Cooke- no defamation as no loss
• Defences to defamation


  • Truth
  • Honest opinion
  • Matter of public interest