Freedom of Speech in UK Law
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Burke v Central Independent Television Plc
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And publication may cause needless pain, distress and damage to individuals or harm to other aspects of the public interest. But a freedom which is restricted to what judges think to be responsible or in the public interest is no freedom. Freedom means the right to publish things which government and judges, however well motivated, think should not be published. It means the right to say things which "right-thinking people" regard as dangerous or irresponsible.
It is not surprising that in this case the misery of a five-year-old girl weighed more heavily with Kirkwood J. than the television company's freedom to publish material which would heighten the dramatic effect of its documentary. The principle that the press is free from both government and judicial control is more important than the particular case.
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Attorney General v Guardian Newspapers Ltd and Others (No. 2)
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The only difference is that, whereas article 10 of the Convention, in accordance with its avowed purpose, proceeds to state a fundamental right and then to qualify it, we in this country (where everybody is free to do anything, subject only to the provisions of the law) proceed rather upon an assumption of freedom of speech, and turn to our law to discover the established exceptions to it.
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R v Secretary of State for the Home Department, ex parte Simms
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The free flow of information and ideas informs political debate. It is a safety valve: people are more ready to accept decisions that go against them if they can in principle seek to influence them. It acts as a brake on the abuse of power by public officials. It facilitates the exposure of errors in the governance and administration of justice of the country: see Stone, Seidman, Sunstein and Tushnett, Constitutional Law, 3rd ed., (1996), 1078-1086.
Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.
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Reynolds v Times Newspapers Ltd
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My conclusion is that the established common law approach to misstatements of fact remains essentially sound. The elasticity of the common law principle enables interference with freedom of speech to be confined to what is necessary in the circumstances of the case. This elasticity enables the court to give appropriate weight, in today's conditions, to the importance of freedom of expression by the media on all matters of public concern.
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Derbyshire County Council v Times Newspapers Ltd
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The authorities cited above clearly establish that a trading corporation is entitled to sue in respect of defamatory matters which can be seen as having a tendency to damage it in the way of its business. Examples are those that go to credit such as might deter banks from lending to it, or to the conditions experienced by its employees, which might impede the recruitment of the best qualified workers, or make people reluctant to deal with it.
- Higher Education (Freedom of Speech) Act 2023
- The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 1) Regulations 2023
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Counter-Terrorism and Security Act 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 ...—(a) must have particular regard to the duty to ensure freedom of speech, if it is subject to that duty;F2(aa) must have particular regard to the ......
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Higher Education and Research Act 2017
...... autonomy of English higher education providers” means—(a) the freedom of English higher education providers within the law to conduct their day ...(5) (1) Section 43 of the Education (No. 2) Act 1986 (freedom of speech" in universities etc) is amended as follows.(2) After subsection (4) insert\xE2"......
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Political Culture, Flag Use and Freedom of Speech
Flag use generates passionate debates that fundamentally turn on questions of the appropriate extent and limits of freedom of speech. The national flag is a natural and forceful medium with which t...
- I Book Review: Freedom of Speech
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Freedom of Speech: USA vs Germany and Europe
Racist utterances are treated differently in American law on the one hand and in German or European law on the other hand. This difference in approach leads to problems when it comes to assessing r...
- I Book Review: Defamation and Freedom of Speech