Human Rights and English Law (AQA A-Level Law): Revision Notes

Expression, Assembly and Association Under Articles 10 and 11

Introduction: balancing individual freedoms with public order

The law must strike a careful balance between protecting individual freedoms and enabling the state to maintain a peaceful, orderly society. Citizens have legitimate rights to express themselves, gather together, and form associations. However, these rights cannot be absolute when they conflict with the need to preserve public safety and prevent disorder.

The public are entitled to communicate discontent, voice disagreement, and engage in protest. At the same time, the state has a responsibility to maintain lawful order and protect others from harm. This creates a tension that the law seeks to resolve through qualified rights and justified restrictions.

The rights protected under Articles 10(1) and 11(1)

Article 10(1) of the European Convention on Human Rights (ECHR) protects the freedom of expression. This encompasses the right to hold opinions and to receive and impart information and ideas through various means. Expression can take many forms, including speech, writing, broadcasting, artistic works, and peaceful protest.

Article 11(1) protects two related but distinct freedoms:

• Freedom of assembly - the right to gather with others in public or private spaces, including the right to participate in demonstrations, marches, and public meetings
• Freedom of association - the right to form and join groups, organizations, clubs, and associations with others who share common interests or purposes

Qualified rights: restrictions under Articles 10(2) and 11(2)

The freedoms guaranteed under Articles 10(1) and 11(1) are not absolute. They are qualified rights, meaning they can be lawfully restricted in certain circumstances.

These restrictions must be:

• Prescribed by law (set out in legislation or established common law)
• Necessary in a democratic society
• Proportionate to a legitimate aim (such as protecting public safety, preventing disorder, or protecting the rights of others)

English law implements these restrictions through both common law principles and statutory provisions.

Restrictions on freedom of expression under Article 10

Common law: breach of the peace

Under the common law, the concept of breach of the peace allows authorities to prevent citizens from causing a disturbance in a public place. This ancient common law power enables police officers to take action when they reasonably believe that a breach of the peace is occurring, is imminent, or is likely to occur.

Racial and Religious Hatred Act 2006

The Racial and Religious Hatred Act 2006 creates a criminal offence targeting those who use words, behaviour, or written material with the intention of stirring up racial hatred.

Racial hatred means hatred against a group of persons defined by reference to race, colour, nationality, or ethnic or national origins. The Act also covers religious hatred, protecting groups defined by religious belief.

Obscene Publications Act 1959

The Obscene Publications Act 1959 creates criminal offences relating to the publication of obscene matter. This includes obscene articles appearing in newspapers, magazines, books, films, and other publications.

Under this Act, material is considered obscene if its effect is such that it tends to deprave and corrupt persons who are likely to read, see, or hear it. The Act restricts freedom of expression by prohibiting the publication, distribution, and possession for gain of obscene materials.

Restrictions on freedom of assembly and association under Article 11

Common law: breach of the peace

Just as breach of the peace restricts freedom of expression, it also limits freedom of assembly. Under common law, police officers can arrest and move on protesters who are breaching the peace or whom officers reasonably believe will cause a breach of the peace.

This power enables police to prevent assemblies from turning violent or threatening public order. Officers can disperse crowds, remove individuals, and make arrests where necessary to prevent or stop breaches of the peace during protests, demonstrations, or other public gatherings.

Public Order Act 1986, section 14

Section 14 of the Public Order Act 1986 grants senior police officers significant powers to impose conditions on public assemblies.

Senior police officers (typically an officer of at least the rank of inspector) may impose conditions on such assemblies if they reasonably believe that:

• The assembly may result in serious public disorder, serious damage to property, or serious disruption to the life of the community
• The purpose of the assembly is to intimidate others

This power restricts freedom of assembly by allowing authorities to control when, where, and how public gatherings occur, limiting their potential to cause disruption or disorder.

Criminal Justice and Public Order Act 1994: aggravated trespass

The Criminal Justice and Public Order Act 1994 created a new criminal offence called aggravated trespass.

This offence particularly targets protesters who enter private land (such as construction sites, farms, or corporate premises) to disrupt lawful activities taking place there. Examples might include environmental protesters entering building sites or animal rights activists entering farms.

Key legal terms

Freedom of expression - the right under Article 10(1) to hold opinions and to receive and impart information and ideas without interference by public authorities.

Freedom of assembly - the right under Article 11(1) to gather peacefully with others in public or private spaces.

Freedom of association - the right under Article 11(1) to form and join groups and organizations with others.

Qualified rights - rights that are not absolute and can be lawfully restricted where necessary and proportionate to achieve legitimate aims.

Breach of the peace - a common law concept allowing authorities to prevent conduct that causes or threatens harm to persons or property or puts someone in fear of such harm.

Public assembly - under the Public Order Act 1986, an assembly of two or more persons in a public place wholly or partly open to the air.

Aggravated trespass - a criminal offence under the Criminal Justice and Public Order Act 1994 involving trespassing on land with intent to intimidate, obstruct, or disrupt lawful activity.

Racial hatred - hatred against a group defined by race, colour, nationality, or ethnic or national origins.

Obscene matter - material whose effect is to deprave and corrupt those likely to encounter it.

Assessment information

When answering exam questions on this topic, remember to:

• Clearly identify which Article (10 or 11) is engaged by the scenario
• Explain both the right protected and the potential restrictions
• Reference specific legislation or common law principles
• Consider whether any restriction is lawful, necessary, and proportionate
• Reach a reasoned conclusion about whether the restriction is justified

Remember!