Article 10

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  • 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,
        • 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
    • 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,
      • 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

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