Freedom of Speech and Expression in UK Law

Leading Cases
  • R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No. 2)
    • Court of Appeal (Civil Division)
    • 26 Febrero 2010

    The public must be able to enter any court to see that justice is being done in that court, by a tribunal conscientiously doing its best to do justice according to law. For that reason, every judge sitting in judgment is on trial. So it should be, and any exceptions to the principle must be closely limited. In reality very few citizens can scrutinise the judicial process: that scrutiny is performed by the media, whether newspapers or television, acting on behalf of the body of citizens.

    There is however a distinct aspect of the principle which goes beyond proper scrutiny of the processes of the courts and the judiciary. In litigation, particularly litigation between the executive and any of its manifestations and the citizen, the principle of open justice represents an element of democratic accountability, and the vigorous manifestation of the principle of freedom of expression.

    The Human Rights Act 1998 has enlarged the court's role for present purposes. The courts have always been a branch of government (in the wider sense of that expression), and, as such, they now have a duty to comply with the Convention. As the Divisional Court said, article 10 carries with it a right to know, which means that the courts, like any public body, have a concomitant obligation to make information available.

  • Chambers v DPP
    • Queen's Bench Division (Administrative Court)
    • 27 Julio 2012

    Those who use "Twitter" can be "followed" by other users and "Twitter" users often enter into conversations or dialogues with other "Twitter" users. Depending on how a user posts his "tweets", they can become available for others to read. It is also possible for non-users to use the "Twitter" search facility to find "tweets" of possible interest to them.

  • Buchanan v Jennings
    • Privy Council
    • 14 Julio 2004

    In such a case there will inevitably be an inquiry at the trial into the honesty of what the defendant had said, and if the defendant's extra-parliamentary statement is found to have been untrue or dishonest the same conclusion would ordinarily, although not always, apply to the parliamentary statement also.

  • R (Farrakhan) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 01 Octubre 2001

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Legislation
  • Federation of Malaya Independence Order in Council, 1957
    • UK Non-devolved
    • 1 de Enero de 1957
    ....... 9. Prohibition of banishment and freedom of movement. . 10. Freedom of speech, assembly ... has the right to freedom of speech and expression; . (b) all citizens have the right to assemble ......
  • Communications Act 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ......level of freedom of expression;. . . (h) the vulnerability of ...speech, music, sounds, visual images or. communications ......
  • Hate Crime and Public Order (Scotland) Act 2021
    • Scotland
    • 1 de Enero de 2021
    ...... “conduct” includes speech, . “harassment” of a person includes causing ... be had to the importance of the right to freedom of expression by virtue of Article 10 of the ......
  • Policing and Crime Act 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... provisions of this section) to any expression of dissatisfaction with a police force which is ... S-50 . Freedom of Information Act etc: Police Federation for ... 1(2);“publication” includes any speech, writing, relevant programme or other ......
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Books & Journal Articles
  • Glorifying and encouraging terrorism: preserving the golden thread of civil liberties in Britain
    • Núm. 4-3, Julio 2012
    • Journal of Aggression, Conflict and Peace Research
    • 144-154
    Purpose: Al‐Qaeda poses a major challenge to western democracies with its international networks and suicide attacks; it has been involved in some of the most horrific terrorist attacks across the ...
    ...... Act and its implications for free speech.Design/methodology/approach – The paper is ... that Muslim communities feel that their freedom of speech, thought andexpression have been ... and Article 10the right to freedom of expression. This terrorism threat was seen as different in ......
  • Towards an Internal Hierarchy of Values in the EU Legal Order
    • Núm. 23-3, Junio 2016
    • Maastricht Journal of European and Comparative Law
    This article compares American constitutional law and practice on the First Amendment freedom of speech vis-à-vis data privacy in the US to the right to freedom of expression vis-à-vis data privacy...
    ...... I N THE EU LEGAL ORDER Balancing the Freedom of Speech and Data Privacy B   ... in the US to the r ight to freedom of expression v is-à-vis data privacy rights unde r European ......
  • Political Culture, Flag Use and Freedom of Speech
    • Núm. 60-1, Marzo 2012
    • Political Studies
    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...
    ......, the United States and New Zealand, the article argues that public responses to flag use as a medium of political expression demonstrate a flawed understanding of the meaning, import and effect of freedom ......
  • 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...
    ...... the question whether the established approach to freedom of expression does more to protect high value, political speech to the detriment of ......
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Law Firm Commentaries
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