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Freedom of expression
N/A
13
Law
Undergraduate 1
05/13/2012

Additional Law Flashcards

 


 

Cards

Term
Derivation
Definition
Art 10(1) ECHR
"Everyone has the right to freedom of expression. This includes the right to hold opinions and to receive and impart information."
Term
Limitations (ECHR)
Definition
Art. 10(2)
This right shall "be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and necessary in a democratic society."
Term
Limitations in domestic law
Definition
Chief limitations on freedom of speech in England are:
- Protection of Official Secrets
- Incitement to Racial Hatred
- Contempt of Court
- Obscenity
Term
Limitations: Official secrets
Definition
Official secrets act covers two kinds of people:
- Members and former members of the security or intelligence services
- Crown servants/ Govt. Contractors
Term
Limitations: Official Secrets (Intelligence and security personnel)
Definition
s.1(1): Any disclosure relating to his/ her work is an offence.
Term
Limitations: Official Secrets (Civil servants or government contractors)
Definition
It is an offence to make damaging disclosures relating to:
- s1(3) Security or intelligence
- s2(1) Defence
- s3(1) International Relations
- s4: any information resulting in the commission of offence; escape or impediment of police work.
Term
Limitations: Incitement to racial hatred
Definition
Public Order Act 1986
ss 18(1) and 19(1)
Term
Limitations: Terrorism Legislation
Definition
s12(3) Terrorism Act 2000
An offence is committed if a person addresses a meeting with the intention of encouraging support of a proscribed organisation or to further it's activities.
Term
Limitations: Contempt of court (overview)
Definition
3 offences (all strict liability)
- Scandalising the Court
- Contempt in the face of Court
- Publications prejudicing the course of justice
Term
Limitations: Contempt (Scandalising the court)
Definition
Criticism of a decision may be contempt if it alleges unfairness or bias.
- Ambard v AG Trinidad and Tobago: Criticism of a decision is not contempt where the motives of the court are not questioned.
Term
Limitations: Contempt (Contempt in the face of court)
Definition
Conduct which interrupts proceedings
- Demonstrations interrupting proceedings (Morris v Crown Office)
- Insulting behaviour
- Refusal to answer questions or disclose information (AG v Mulholland and Foster)
Term
Limitations: Obscenity
Definition
Obscene Publications Act:
"an article is deemed obscene if its effect is to tend to deprave and corrupt."
DPP v Whyte - protects all people from corruption, or even further corruption.
Term
Limitations: Obscenity (Common Law)
Definition
- Shaw v DPP - conspiracy to corrupt public morals
- R v Gibson: Conspiracy to outrage public decency
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