Article 10(1): The Restrictions Under Article 10(2) (AQA A-Level Law): Flashcards
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What does Art 10(2) ECHR establish?
What does Art 10(2) ECHR establish?
Circumstances where freedom of expression may be restricted
3 tests for lawful Art 10(2) restriction
3 tests for lawful Art 10(2) restriction
Prescribed by law, necessary in democracy, legitimate aim
Art 10(2) aim: national security ground
Art 10(2) aim: national security ground
National security, territorial integrity, or public safety
Art 10(2) aim: health/morals ground
Art 10(2) aim: health/morals ground
Protection of health or morals
Art 10(2) aim: judiciary ground
Art 10(2) aim: judiciary ground
Maintaining authority and impartiality of judiciary
R v Ponting (1985) outcome
R v Ponting (1985) outcome
Acquitted despite leaking classified Falklands War documents
R v Lemon & Gay News (1979) offence
R v Lemon & Gay News (1979) offence
Blasphemous libel (poem about Jesus); convicted
S12 HRA 1998 requirement on courts
S12 HRA 1998 requirement on courts
Particular regard to importance of freedom of expression
'Necessary in democratic society' means
'Necessary in democratic society' means
Pressing social need; not merely desirable or convenient
Test courts apply to Art 10(2) restrictions
Test courts apply to Art 10(2) restrictions
Proportionality test