There must be no interference by a public authority. Any interference by the state must be in accordance with the law, and necessary and proportionate
3 of 19
Aims for interference
National security, public safety, protection of health and morals, rights of others, prevention of crime
4 of 19
'Respect' Sheffield & Horsham v United Kingdom
State must not interfere, case criticised by ECtHR and therefore the Gender Recognition Act was introduced
5 of 19
'Private Life'
physical/psychological integrity, sex life and gender, photos, reputation, personal data, names
6 of 19
Niemitz v Germany
Work place is included
7 of 19
M S v Sweden
Health data according to Gillick competence
8 of 19
Campbell v MGN
freedom of the press protected in terms of public interest, but intrusive photos could be considered as unimportant
9 of 19
Restrictions from ECHR
Protection from Harassment Act- conduct amounting to harassment or making V fear serious violence
10 of 19
Article 10 - Qualified Right
freedom to hold and express opinions, receive and impart information without interference by a public authority regardless of frontiers
11 of 19
s12 Human Rights Act
requires a court to have ‘particular regard’ to the importance of Article 10 in respect of matters affecting ‘journalistic literary or artistic material’
12 of 19
s6 Human Rights Act
Bringing an Act against a public authority
13 of 19
Democracy
Any restriction or attempt to restrict would be inconsistent with the nature of a democratic society
14 of 19
'Impart info and ideas' Handyside v UK
political expression (especially protected), artistic expression, commercial expression, HANDYSIDE-protect morals, wide margin of appreciation
15 of 19
Charlie Hebdo/Otto-Preminger v Austria
there can be some conflict between religion and press freedom
16 of 19
Garuady v France
incitement to hatred would strengthen V's case
17 of 19
National Security
Gibson v Sylveire (protection of morals), outraging public decency
18 of 19
Hanover v Germany
Proportionality between Articles, reasonable expectation of privacy
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