Freedom of Expression in UK Law

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

    I, for my part, agree with Mr Keith that the provisions of section 5 and section 6 of the Public Order Act, as enacted and applied by the courts of this country, contain the necessary balance between the right of freedom of expression and the right of others not to be insulted and distressed. The right to freedom of expression was well established in the United Kingdom before the incorporation of the Convention. Peaceful protest was not outlawed by section 5 of the Public Order Act.

    Where the right to freedom of expression under Article 10 is engaged, as in my view is undoubtedly the case here, it is clear from the European authorities put before us that the justification for any interference with that right must be convincingly established.

    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 August 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.

  • Richard Roberts v R
    • Court of Appeal (Criminal Division)
    • 06 December 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 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".

  • Fiona James v Director of Public Prosecutions
    • Queen's Bench Division (Administrative Court)
    • 13 November 2015

    For some POA offences, the position has been clear for some time. Norwood and Hammond show that these rights and the qualifications to them, and thus the proportionality of the prohibitions or restraints on expression and assembly, form part of the statutory defence that the accused's conduct was reasonable. That is also what should have been decided in Dehal. It is the point on which the issue in Abdul turned in substance, and where the focus of the legal analysis should have been.

See all results
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... “public bodies” ... —(a) a public authority as defined by the Freedom of Information Act 2000,(b) a Scottish public authority as defined by the ... , IVF116and V of the UK GDPR for reasons relating to freedom of expression F117(of a kind described in Article 85(2) of the UK GDPR) ;(f) Part 6 ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... 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 ... ...
  • Human Rights Act 1998
    • UK Non-devolved
    • January 01, 1998
    ... ... (a) any other right or freedom conferred on him by or under any law having effect in any part of the ... 12: Freedom of expression ... (1) This section applies if a court is considering whether to grant ... ...
  • Counter-Terrorism and Security Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 103 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r) ... 31: Freedom of expression in universities etc ... (1) This section applies to a ... ...
See all results
Books & Journal Articles
  • Against Freedom of Expression
    • No. 33-4, December 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...
  • Does Freedom of Expression Cause Less Terrorism?
    • No. 70-1, February 2022
    • Political Studies
    It is often assumed that there is a trade-off between civil rights and national safety although the association is theoretically ambiguous. This article therefore explores this association by estim...
  • Freedom of Expression in Ethiopia: The Jurisprudential Dearth
    • No. 4-2, July 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
    • No. 66-2, March 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...
See all results
  • Form PF10
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... to respect for private and family life and the Article 10 right to freedom of expression ... AND UPON IT APPEARING that non-disclosure of the ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT