Freedom of Expression in UK Law

Leading Cases
  • Percy v DPP
    • Queen's Bench Division (Administrative Court)
    • 21 Dic 2001

    I have no difficulty in principle with the concept that there will be circumstances in which citizens of this country and visiting foreign nationals should be protected from intentionally and gratuitously insulting behaviour, causing them alarm or distress. There may well be a pressing social need to protect people from such behaviour.

  • London Regional Transport v Mayor of London
    • Court of Appeal (Civil Division)
    • 24 Ago 2001

    Whether or not undertakings of confidentiality had been signed, both domestic law and Art. 10(2) would recognise the propriety of suppressing wanton or self-interested disclosure of confidential information; but both correspondingly recognise the legitimacy of disclosure, undertakings notwithstanding, if the public interest in the free flow of information and ideas will be served by it.

  • Gaunt v Ofcom Liberty (Intervener)
    • Queen's Bench Division
    • 13 Jul 2010

    In these circumstances, and taking full account of the claimant's Article 10 rights, we consider that OFCOM were justified in their conclusion, the terms of which we have quoted in paragraph 11 above. The broadcast was undoubtedly highly offensive to Mr Stark and was well capable of offending the broadcast audience.

  • R Gallastegui (Appellant) Westminster City Council and Others (Respondent) Commissioner of Police for the Metropolis (First Interested Party) Secretary of State for the Home Department (Second Interested Party)
    • Court of Appeal (Civil Division)
    • 2013

    The correct general approach to the question of whether an interference with a Convention right is justified is not in doubt.The correct general approach to the question of whether an interference with a Convention right is justified is not in doubt. First, the limitation on the right must be "prescribed by law". First, the limitation on the right must be "prescribed by law".

  • The Queen (Lord Carlile of Berriew & others) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 20 Mar 2013

    Moreover, the court has to consider the value of the right not in the abstract but in the context in which the appellants seek to exercise it.

  • Richard Roberts v R
    • Court of Appeal (Criminal Division)
    • 06 Dic 2018

    Paragraph 89 echoes the understanding that the conscientious motives of protestors will be taken into account when they are sentenced for their offences but that there is in essence a bargain or mutual understanding operating in such cases. A sense of proportion on the part of the offenders in avoiding excessive damage or inconvenience is matched by a relatively benign approach to sentencing.

  • R (Laporte) v Chief Constable of Gloucestershire Constabulary
    • House of Lords
    • 13 Dic 2006

    Lord Hewart CJ reflected the then current orthodoxy when he observed in Duncan v Jones [1936] 1 KB 218, 222, that "English law does not recognize any special right of public meeting for political or other purposes". The Human Rights Act 1998, giving domestic effect to articles 10 and 11 of the European Convention, represented what Sedley LJ in Redmond-Bate v Director of Public Prosecutions (1999) 163 JP 789, 795, aptly called a "constitutional shift".

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ....... (15) There is an index of defined expressions in section 206. 2 . General processing PART 2 . General processing . ... (a) (a) a public authority as defined by the Freedom of Information Act 2000, . (b) (b) a Scottish public authority as defined ......
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights to make provision ... S-12 . Freedom of expression. 12 Freedom of expression. . (1) This section applies if a court is ......
  • Counter-Terrorism and Security Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . (2) These expressions have the meanings given-. . . "act" and "conduct" include omissions and ... S-31 . Freedom of expression in universities etc 31 Freedom of expression in ......
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... . . (b) amend section 20 in relation to expressions used in this section. S-6 . Applications without notice 6 Applications ... an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the ......
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Books & Journal Articles
  • Against Freedom of Expression
    • Núm. 33-4, Diciembre 1985
    • Political Studies
    This paper states a common western ideal of freedom of expression. Such an ideal is tenable, it is argued, only if its implementation makes possible a ‘sound mass communication’. A communication is...
  • Freedom of Expression in Ethiopia: The Jurisprudential Dearth
    • Núm. 4-2, Julio 2010
    • Mizan Law Review
    • Gedion Timothewos
    • LL.B (AAU), LL.M (CEU); Addis Ababa University School of Law, Currently on study leave: PhD student, Central European University
    • 201-231
    It is almost a decade and half since freedom of expression has been proclaimed as one of the fundamental rights and freedoms recognized in the FDRE Constitution. However, there is hardly any Ethiop...
  • Comedy as freedom of expression
    • Núm. 66-2, Marzo 2010
    • Journal of Documentation
    • 279-293
    Purpose: The purpose of this paper is to investigate the practice of comedians in relation to freedom of expression, so as to throw light on the issue of giving or avoiding offence. Design/methodo...
  • When the ‘Interests of Justice’ Outweigh Freedom of Expression
    • Núm. 55-3, Mayo 1992
    • The Modern Law Review
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