Freedom of Expression in UK Law

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.

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.

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".

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.

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.

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.

The approach of the English common law to freedom of expression and assembly was hesitant and negative, permitting that which was not prohibited.