Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- Back
|
Article 8 - Respect for private and family life...
|
Everyone has right to respect for private and family life, home and correspondence
No interference by public authority except where - In accordance with law - Necessary in a democratic society for -- national security -- public safety -- economic well-being -- prevention of disorder or crime -- protection of health and morals -- rights and freedoms of others |
|
|
ECHR Article 10 - freedom of expression...
|
Everyone has the right to freedom of expression
- Free to hold opinions and receive and impart information and ideas without interference by public authorities - States are allowed to licence broadcasters, TV and cinemas - Freedoms may be subject to formalities, conditions, penalties and restrictions: -- Prescribed by law -- Necessary in a democratic society for --- National security --- Territorial integrity --- Public safety --- Prevention of disorder or crime --- Protection of health and morals --- Protection of reputation or rights of others --- Preventing the disclosure of information received in confidence --- Maintaining authority and impartiality of the judiciar |
|
|
HRA 1988 s12(4) is drafted so as to...
|
...prevent undue restriction on the freedom of the press
- Courts must have particular regard where expression relates to art, literature and journalism - Consider extent already in the public domain - Extent of public interest |
|
|
Is there a new tort of invasion of privacy?
|
Respondents have usually been private bodies not directly bound by the HRA governing “public authorities”.
Cases are brought using an existing cause of action, such as “breach of confidence”; courts are required to act compatibly with ECHR Articles when considering claims |
|
|
Defamation...
|
False statement exposing one to ridicule, hatred or contempt, or tending to lower the person in the eyes of right-thinking members of society generally
|
|
|
Breach of Confidence...
|
- A tort is committed where one person breaches a duty of confidence owed to another
- A duty can arise whether the information was imparted in confidence or not - Information will be private if, in the circumstances, the person has a “reasonable expectation” of privacy |
|
|
Sedition, Incitement to Disaffection and Treason...
|
- Words or writings broadcast intending to bring hatred or contempt of the laws or Government of the UK or to promote ill will between classes and subjects
- Words must be used to achieve above objects - Need to have intention to achieve objects by violence - Words must be likely to incite the ordinary man |
|
|
Official Secrets...
|
Official Secrets Act 1911 had very wide catch-all section (s2) that has now been replaced by five sections in Official Secrets Act 1989
- Act mostly applies to intelligence services, government workers and contractors - Variety of offences for disclosures relating to intelligence, law enforcement - There is a “lawful disclosure” but no public interest defence |
|
|
Threatening, insulting or abusive words or behaviour...
|
Public Order Act 1986 ss4, 4A and 5 contain various offences relating to threatening, insulting or abusive behaviour involving fear or provocation of violence, causing harassment, alarm or distress
|
|
|
Incitement to Racial or religious hatred...
|
Public Order Act 1986
- S18, simple incitement - S19 publication or possession of offensive material - S23 responsibility of broadcasters and producers of plays Racial and Religious Hatred Act 2006, inserts into Public Order Act 1986: - Offence to use threatening words or behaviour or display any written material if done with intention of stirring up religious hatred - Clause added protecting freedom to discuss, criticise and ridicule |
|
|
Obscenity...
|
An article is obscene if taken as a whole, it is likely to deprave and corrupt those who in all circumstances are likely to be exposed to it
|
|
|
Communications Act 2003
|
Prohibits broadcasting of political adverts on television or radio, intended to prevent politics being distorted by wealthy interests
|
|
|
Terrorism Act 2006
|
- Criminal offence to incite or encourage acts of terrorism
- Includes an offence of “glorification of terror”, or praising or celebrating it |
|
|
Contempt of Court...
|
The law in this area seeks to prevent publication of material which may prejudice a fair trial
|
|
|
Quick summary of strict liability in contempt of court...
|
Strict liability limited in various ways:
- Only applies to communications addressed to the public at large, would not apply to private communications with a jury - There can be liability only if there is a substantial risk of serious prejudice - Proceedings must be active at the time - There are defences |
