Public Law - Human Rights article 10

Human Rights – Article 10


SECTION 6 OF THE HUMAN RIGHTS ACT
 6 (1) It is unlawful for a public authority to act in a way which is incompatible with a
Convention right

• unlawful for a…
• ...public authority…
• …to act in a way which is incompatible with a Convention right  key substantive
question(s) of human rights law

EXCEPTIONS TO art 3 (for example) is “absolute” - no circumstances; no
SECTION 6 justification to violate these rights

art 8 (for example) is “qualified” - these rights can be infringed in
outlines circumstances (“except…”)



ARTICLE 10 – FREEDOM OF EXPRESSION

ISSUE: The issue in this scenario is a public authority has violated rights of freedom of
expression which engages article 10 of the human rights act.

ARTICULATE LEGAL everyone has the right to freedom of expression
ISSUE - CONTENTS OF  include freedom to hold opinions and to receive and impart
ARTICLE 10 information and ideas without interference by public authority
and regardless of frontiers

When a public body stops someone from receiving
communication or interferes/coerces someone then this right
is engaged

The exercise of these freedoms, since it carries with it duties
and responsibilities, may be subject to such formalities,
conditions, restrictions, or penalties
ARTICULATE LEGAL TEST If the decision of a public body engages freedom of
expression then the courts need to ask these questions
about the decision:
 Was it prescribed by law?

 Is it in the interests of (one of the legitimate aims) …?
o national security
o territorial integrity or public safety
o the prevention of disorder or crime
o the protection of health or morals
o the protection of the reputation or rights of
others
o preventing the disclosure of information