Term
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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." |
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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." |
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Term
| Limitations in domestic law |
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Definition
Chief limitations on freedom of speech in England are:
- Protection of Official Secrets
- Incitement to Racial Hatred
- Contempt of Court
- Obscenity |
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Term
| Limitations: Official secrets |
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Definition
Official secrets act covers two kinds of people:
- Members and former members of the security or intelligence services
- Crown servants/ Govt. Contractors |
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Term
| Limitations: Official Secrets (Intelligence and security personnel) |
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Definition
| s.1(1): Any disclosure relating to his/ her work is an offence. |
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Term
| Limitations: Official Secrets (Civil servants or government contractors) |
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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. |
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Term
| Limitations: Incitement to racial hatred |
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Definition
Public Order Act 1986
ss 18(1) and 19(1) |
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Term
| Limitations: Terrorism Legislation |
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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. |
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Term
| Limitations: Contempt of court (overview) |
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Definition
3 offences (all strict liability)
- Scandalising the Court
- Contempt in the face of Court
- Publications prejudicing the course of justice |
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Term
| Limitations: Contempt (Scandalising the court) |
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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. |
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Term
| Limitations: Contempt (Contempt in the face of court) |
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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) |
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Term
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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. |
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Term
| Limitations: Obscenity (Common Law) |
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Definition
- Shaw v DPP - conspiracy to corrupt public morals
- R v Gibson: Conspiracy to outrage public decency |
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