Freedom of Speech in UK Law

Leading Cases
  • Burke v Central Independent Television Plc
    • Court of Appeal (Civil Division)
    • 09 Feb 1994

    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 Freedom means the right to publish things which government and judges, however well motivated, think should not be published.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.

  • Herbage v Pressdram Ltd
    • Court of Appeal (Civil Division)
    • 01 May 1984

    These principles have evolved because of the value the Court has placed upon freedom of speech and I think also upon the freedom of the Press, when balancing it against the reputation of a single individual who, if wrong, can be compensated in damages.

  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Oct 1988

    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.

  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Jul 1999

    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.

  • R v Chaytor and Others
    • Supreme Court
    • 01 Dic 2010

    In considering whether actions outside the Houses and committees fall within parliamentary proceedings because of their connection to them, it is necessary to consider the nature of that connection and whether, if such actions do not enjoy privilege, this is likely to impact adversely on the core or essential business of Parliament.

  • Reynolds v Times Newspapers Ltd
    • House of Lords
    • 28 Oct 1999

    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.

    7. Whether comment was sought from the plaintiff. He may have information others do not possess or have not disclosed. An approach to the plaintiff will not always be necessary.

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Legislation
  • Counter-Terrorism and Security Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... S-31 . Freedom of expression in universities etc 31 Freedom of expression in ...(a) must have particular regard to the duty to ensure freedom of speech, if it is subject to that duty;. . . (b) must have particular regard to ......
  • Education (No. 2) Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ...... . IV . Miscellaneous Part IV . Miscellaneous . S-43 . Freedom of speech in universities, polytechnics and colleges. 43 Freedom of ......
  • Education Reform Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... . (a) to ensure that academic staff have freedom within the. law to question and test received wisdom, and to put. forward ...SCH-12.100 . 100.   . (1) Section 43 of that Act (freedom of speech in educational. establishments) shall be amended as follows. . (2) In ......
  • The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... State to the Court of Session, by an order of specific implement."Freedom of expression in Scottish universities etc. 5.-(1) Section 31 of the Act ...-"(aa) must have particular regard to the need to ensure freedom of speech, if it is the proprietor or governing body of an institution mentioned in ......
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Books & Journal Articles
  • Assaulting our rights: how domestic violence laws curtail our fundamental freedoms
    • Núm. 2-3, Julio 2010
    • Journal of Aggression, Conflict and Peace Research
    • 57-60
    The Violence Against Women Act was enacted in the United States in 1994. Fifteen years later, it has become apparent that the law has given rise to numerous violations of fundamental civil rights. ...
    ......These rights include freedom of speech", protection from governmental intrusion, due process, freedom to marry and the right to privacy in family matters, right to parent one\xE2\x80"......
  • Offensive Tweeting: Criminal or Just Crass? 'Freedom Only to Speak Inoffensively is not Worth Having
    • Núm. 4-1, Enero 2014
    • Southampton Student Law Review
    • Oluwatomi Ibirogba
    • 85-105
    There is currently much interest surrounding the question whether the established approach to freedom of expression does more to protect high value, political speech to the detriment of casual Inte...
    ......289. [13] (Laws L.J) 17 Kentridge, S, “Freedom Of Speech: Is It The Primary Right?” ( 1996 ) 45 International and Comparative Law Quarterly 253 - 270. 87 ......
  • Libel: Its Purpose and Reform
    • Núm. 74-6, Noviembre 2011
    • The Modern Law Review
    Discussion of libel often fails to define defamation law's purpose and thus properly to assess its value. This article argues that defamation's purpose relates to fundamental human interests in soc...
    ...... ECHR article 8 and should not count as a violation of the right to freedom of speech. Some current reform proposals are criticised as failing to ......
  • The emancipatory role of information and communication technology. A case study of internet content filtering within Iran
    • Núm. 8-1, Marzo 2010
    • Journal of Information, Communication and Ethics in Society
    • 57-84
    Purpose: The purpose of this paper is to investigate the effect of internet filtering, and its impact on marginalized groups including non‐governmental organizations, female activists, ethnic, and ...
    ...... technologies (ICTs) and in particular, the internet, promote freedom of speech, and gender equality in Iran? What is the impact of state ......
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Law Firm Commentaries
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