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 Feb 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.

    Expressed in this way, the principle of open justice encompasses the entitlement of the media to impart and the public to receive information in accordance with article 10 of the European Convention of Human Rights. Each element of the media must be free to decide for itself what to report.

    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 Jul 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 Jul 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 Oct 2001

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Legislation
  • Counter-Terrorism and Security Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . (2) These expressions have the meanings given-. . . "act" and ... S-31 . Freedom of expression in universities etc 31 Freedom of ... regard to the duty to ensure freedom of speech, if it is subject to that duty;. . . (b) must ......
  • Education Reform Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ......expressions shall be construed accordingly;. . ...(a) to ensure that academic staff have freedom within the. law to question and test received ... (1) Section 43 of that Act (freedom of speech in educational. establishments) shall be amended ......
  • 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
    ......, by an order of specific implement."Freedom of expression in Scottish universities etc. ... regard to the need to ensure freedom of speech, if it is the proprietor or governing body of an ......
  • 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 ......
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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 and expression have been ......
  • 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 ...A, “ Can We Speak Freely N ow? Freedom of Expression Un der The Human Rights Act” (2002) 6 European Human Rights Law Review ......
  • A tale of information ethics and encyclopædias; or, is Wikipedia just another internet scam?
    • Núm. 31-3, Junio 2007
    • Online Information Review
    • 273-276
    Purpose: This paper seeks to look at the question of accuracy of content regarding Wikipedia and other internet encyclopædias. Design/methodology/approach: By looking at other sources, the paper c...
    ...... a whiff of censorship and an attack on freedom of expression here – by disallowing entropy ... that unqualified support for freedom of speech and freedom of expression is justifiable? ......
  • Local Authorities and Libel Again
    • Núm. 56-5, Septiembre 1993
    • The Modern Law Review
    ...... Inhibiting Speech The House of Lords cited two American ... as a significant victory for freedom of expression, a vindication of the ......
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Law Firm Commentaries
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