Article 10
- Created by: Twil
- Created on: 13-12-15 16:55
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- Article 10
- Right to freedom of expression
- BBC petitioners 2000 BBC not allowed to televise Lockerbie trial to general public.
- Can be restricted legally when necessary- balancing rights of others
- Obscenity
- Handyside v UK 1976 and little red book. Margin of appreciation case
- Legitimate aim of protecting morals. Whose morals? Changes with time.
- Civic Government Act 1982 s51 offence to display (1) or publish (2) obscene material
- Defence of using all due diligence to avoid offence s51(4)
- No definition - corrupt and deprave used
- Political racial or religious extremism
- Public Order Act 1986 s17 Offence to speak abusively or offensively in a public place to engender Racial Hatred. Offence to possess racist publications
- Racial and Religious Hatred Act 2006 Behaviour has to be threatening. Prosecution has to prove intent to stir up religious or racial hatred,
- Public Order Act 1986 s17 Offence to speak abusively or offensively in a public place to engender Racial Hatred. Offence to possess racist publications
- Unique restrictions for article 10 1. protection of territorial integrity, 2. reputation of others 3. Information received in confidence
- Defamation
- Must establish 1. statement about you was made 2. it was defamatory Defender, not pursuer has to verify
- Absolute privilege - words spoken in UK or Scottish Parliament or their publications, parliamentary ombudsman or judicial proceedings
- Qualified privilege - duty to speak out if witnessing a crime. can still be sued if malicious
- Obscenity
- Can be restricted legally when necessary- balancing rights of others
- Obscenity
- Handyside v UK 1976 and little red book. Margin of appreciation case
- Legitimate aim of protecting morals. Whose morals? Changes with time.
- Civic Government Act 1982 s51 offence to display (1) or publish (2) obscene material
- Defence of using all due diligence to avoid offence s51(4)
- No definition - corrupt and deprave used
- Political racial or religious extremism
- Public Order Act 1986 s17 Offence to speak abusively or offensively in a public place to engender Racial Hatred. Offence to possess racist publications
- Racial and Religious Hatred Act 2006 Behaviour has to be threatening. Prosecution has to prove intent to stir up religious or racial hatred,
- Public Order Act 1986 s17 Offence to speak abusively or offensively in a public place to engender Racial Hatred. Offence to possess racist publications
- Unique restrictions for article 10 1. protection of territorial integrity, 2. reputation of others 3. Information received in confidence
- Defamation
- Must establish 1. statement about you was made 2. it was defamatory Defender, not pursuer has to verify
- Absolute privilege - words spoken in UK or Scottish Parliament or their publications, parliamentary ombudsman or judicial proceedings
- Qualified privilege - duty to speak out if witnessing a crime. can still be sued if malicious
- Obscenity
- Right to freedom of expression
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