Includes:
- Key Provisions
- Importance of Media Freedom
- The Rights of Journalists
- The Special Regulation of the Broadcasting Media
- Media Freedom and Freedom of Expression
- The Internet and Media Regulation
- Prior Restraint
- Censorship and Prior Restraints
- The influence of the ECHR
Key Provisions:
Schedule 1 HRA sets out ECHR rights and includes Arts 6, 8 & 10
- Art 6 – right to fair trial
- Art 8 – right to private life (includes reputation)
- Art 10 – right to freedom of expression
S3 HRA provides that primary and secondary legislation should be read and given
effect so as to comply with ECHR
S4 provides that a court can declare either primary or secondary legislation to be
incompatible with the ECHR
S6 HRA provides that it is unlawful for any public authority to act in a way which
in incompatible with an ECHR right.
- Courts are included within the definition of a public authority
HRA s12 which applies if a court is considering granting any relief which might
affect the exercise of freedom of expression.
- Why is s12 so important? EG: court is being asked to make an injunction to stop the
publishing of certain material – interferes with freedom of expression.
- Art 12 – says that freedom of expression is particularly important.
ECHR Art 8 which covers reputation and privacy
ECHR Art 10 which covers freedom of expression which includes new defences
for journalists and the protection of their sources
The balance between Arts 8 and 10 are relevant to defamation and the action for
misuse of public information – EG: domestic court favours freedom of expression and
the case goes to Strasberg, and they rule the other way – needs to be a balance, can’t favour .
ECHR Art 6 which covers the right to a fair trial
- Art 6 is relevant for contempt and reporting restrictions – journalists aren’t free
to do what they want – EG: publish criminal record of the D, jury might convict them
on his past, instead of the evidence in the court today – affects Art 6
The Rights of Journalists:
ECHR Art 10 encompasses the right to hold opinions and to receive and share them
without interference from a public authority – freedom of expression
- Even though the media is given a wide degree of latitude, the right to freedom of
expression is not absolute. The individual’s right to “self-fulfilment” needs to be
balanced against the rights of the other party, including the right not to be
defamed or to be protected against the misuse of private information – limited
- ECHR Art 10(2) contains limitations on the right to freedom of expression
including: “the protection of the reputation or rights of others.”
- Whilst ECHR Art 10 does not specifically mention the media, case law such as
provides that the media should be treated differently.
In Lingens v Austria, the ECtHR held: convicted of political criticism and the
fostering of debate on politics and on other matters in the public interest is an
important function of the media: “the public watchdog”
- The media must not “overstep the bounds set.. “for the protection of others”
- He said in his defence that the conviction was a breach of Art 10 – Strasberg
Court agreed with him.
Journalists and other authors therefore enjoy freedom of expression but it is not
unlimited. English law does not really provide a codified list of media rights and
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