Section 12 (4) provides that the court must have particular regard to the importance of
the Convention right to freedom of expression and where the proceedings relate to journalistic, literary or artistic material or to conduct connected with such material, the court has to have regard to the extent to which the material has, or is about to become available to the public, if it is or would be in the public interest for the material to be published, and any relevant privacy code.
HRA 1998, s 12 applies if the court is considering whether to grant any relief, which if granted might affect the exercise of
the Convention right to freedom of expression.
Not exact matches
The United Nations
Convention on the
Rights of the Child recognizes that those under the age
of 18 often need special protection, but vitally, they also «have the
right to freedom of expression; this
right shall include
freedom to seek, receive and impart information and ideas
of all kind...».
The various Articles
of the
Convention proclaim the following: the
right to life (Article 2); the prohibition
of torture (Article 3); the prohibition
of slavery and forced labour (Article 4); the
right to liberty and security (Article 5); the
right to a fair trial (Article 6); the prohibition
of extra-legal punishment (Article 7); the
right to respect for private and family life (Article 8);
freedom of thought, conscience and religion (Article 9);
freedom of expression (Article 10);
freedom of assembly and association (Article 11); the
right to marry (Article 12); the prohibition
of discrimination (Article 14).
Therefore the Court found that expressing this kind
of opinions does not fall under the protection
of the
freedom of expression according
to article 10 (1)
of the European
Convention of Human
Rights and Fundamental Freedoms.
The content
of the cases is not only relevant
to Articles 9 and 2 Protocol 1 but also questions the violation or not
of other articles
of the ECHR such as the Prohibition
of Discrimination in Article 14, the
Freedom of expression in Article 10 and the
Right to respect the private and family life in Article 8
of the
Convention.
However, if the government does decide
to increase regulation, serious issues arise as
to how this would be balanced with the
right to Freedom of Expression under the European
Convention on Human
Rights (ECHR),» says Luke.
Despite Fleet Street's vocal protestations that Eady J is placing undue weight on Art 8 (which guarantees the
right to respect for private and family life)
of the European
Convention on Human
Rights at the expense
of Art 10 (which protects the
right of freedom of expression) the reality is somewhat diff erent.
The codes
of conduct need
to strike a careful balance between allowing
freedom of expression (which is a fundamental
right of all UK citizens enshrined under Article 10
of the European
Convention on Human
Rights), and protecting the rights of other individuals and employees not to be subject to harassment or inappropriate co
Rights), and protecting the
rights of other individuals and employees not to be subject to harassment or inappropriate co
rights of other individuals and employees not
to be subject
to harassment or inappropriate comment.
Mr Justice Males undertook the balancing exercise between the
rights to private and family life under Article 8 of the European Convention on Human Rights and the right to freedom of expression under Artic
rights to private and family life under Article 8
of the European
Convention on Human
Rights and the right to freedom of expression under Artic
Rights and the
right to freedom of expression under Article 10.
Given the
right to freedom of expression guaranteed by Art 10
of the European
Convention on Human
Rights, the result seemed a foregone conclusion.
Stubbings appealed
to the European Court
of Human
Rights (ECtHR), alleging breaches
of Arts 6 (
right to fair trial), 8 (
freedom of expression) and 14 (
freedom from discrimination)
of the European
Convention on Human
Rights.
Those interested in European law or in
freedom of expression might want to take a look at documents from «The European Protection of Freedom of Expression: Some Recent Restrictive Trends», a recent seminar at the European Court of Human Rights, which was directed at the question: «Are recent developments in the Article 10 of the European Convention on Human Rights case - law undermining adequate guarantees for freedom of expression?
freedom of expression might want to take a look at documents from «The European Protection of Freedom of Expression: Some Recent Restrictive Trends», a recent seminar at the European Court of Human Rights, which was directed at the question: «Are recent developments in the Article 10 of the European Convention on Human Rights case - law undermining adequate guarantees for freedom of expressi
expression might want
to take a look at documents from «The European Protection
of Freedom of Expression: Some Recent Restrictive Trends», a recent seminar at the European Court of Human Rights, which was directed at the question: «Are recent developments in the Article 10 of the European Convention on Human Rights case - law undermining adequate guarantees for freedom of expression?
Freedom of Expression: Some Recent Restrictive Trends», a recent seminar at the European Court of Human Rights, which was directed at the question: «Are recent developments in the Article 10 of the European Convention on Human Rights case - law undermining adequate guarantees for freedom of expressi
Expression: Some Recent Restrictive Trends», a recent seminar at the European Court
of Human
Rights, which was directed at the question: «Are recent developments in the Article 10
of the European
Convention on Human
Rights case - law undermining adequate guarantees for
freedom of expression?
freedom of expressionexpression?»
The statutory powers available
to the commissioner
of police under the Serious Organised Crime and Police Act 2005 (SOCPA 2005), s 134 can be exercised by a subordinate on his behalf; where the conditions imposed on a demonstration under SOCPA 2005 are unworkable, they will be found
to be ultra vires or in breach
of Arts 10 and 11 (
rights to freedom of expression and assembly) of the European Convention on Human Rights (the Conven
rights to freedom of expression and assembly)
of the European
Convention on Human
Rights (the Conven
Rights (the
Convention).