Freedom of the Press in UK Law

Leading Cases
  • Re S (A Child) (Identification: Restrictions on Publication)
    • House of Lords
    • 28 Oct 2004

    What does, however, emerge clearly from the opinions are four propositions. First, neither article has as such precedence over the other. Secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary. Thirdly, the justifications for interfering with or restricting each right must be taken into account. For convenience I will call this the ultimate balancing test.

  • 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's Reference (No 3 of 1999), Re British Broadcasting Corporation
    • House of Lords
    • 17 Jun 2009

    The freedom of the press to exercise its own judgment in the presentation of journalistic material has been emphasised by the Strasbourg court. It recalled that article 10 protects not only the substance of the ideas and the information expressed but also the form in which they are conveyed. So the BBC are entitled to say that the question whether D's identity needs to be disclosed to give weight to the message that the programme is intended to convey is for them to judge.

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 Freedom means the right to publish things which government and judges, however well motivated, think should not be published.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

    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.

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

    It is through the mass media that most people today obtain their information on political matters. Without freedom of expression by the media, freedom of expression would be a hollow concept. The interest of a democratic society in ensuring a free press weighs heavily in the balance in deciding whether any curtailment of this freedom bears a reasonable relationship to the purpose of the curtailment.

  • Khashoggi v I.P.C. Magazines Ltd
    • Court of Appeal (Civil Division)
    • 10 Oct 1986

    The injunctive powers of the court can only be invoked in support of a right or in defence of an interest. The point is that Bonnard v Perryman, apart from its reference to freedom of speech, is based on the fact that the courts should not step in to defend a cause of action in defamation if they think that this is a case in which the plea of justification might, not would, succeed.

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Legislation
  • The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ....... (3) In Schedule 1 to the Pressure Equipment (Safety) Regulations 2016 32 (excluded pressure equipment and .... . (20) (20) This Part does not restrict the freedom of the press or freedom of expression in so far as those freedoms are ......
  • Trade Union and Labour Relations (Amendment) Act 1976
    • UK Non-devolved
    • 1 de Enero de 1976
    ...... that Act and to provide for a charter on matters relating to the freedom of the press. [25 March 1976]. Be it enacted by the Queen's most Excellent ......
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights to make provision ...Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest ......
  • The Criminal Justice (European Investigation Order) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... the determination and limitation of criminal liability relating to freedom of the press and freedom of expression in other media. SCH-4.2 . 2. The ......
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Books & Journal Articles
  • Freedom of the press and perceptions about government corruption
    • Núm. 41-4, Septiembre 2020
    • International Political Science Review / Revue internationale de science politique
    The media can play an important role in the relationship between citizens and their government by acting as a watchdog and providing timely information about malfeasance and corruption. We examine ...
  • Human Rights Education and Awareness Projects
    • Criminal Law Issues
    • Memoranda
    • Commonwealth Secretariat
    • 147-150
    Commonwealth best practice. Human rights education - model human rights courses and curricula. Human rights education - rights education for youth. Human rights education - police and law enforceme...
    ...... rights of all members of the human family is the foundation of freedom, justice and peace in the world." (Universal Declaration of Human Rights ... rights education - the media and legal issues of freedom of the press. . 13. Law Ministers have previously requested the Secretariat to examine ......
  • Press Freedom — How the Beast was Tamed
    • Núm. 54-1, Enero 1991
    • The Modern Law Review
  • THE PHILOSOPHY AND RATIONALE OF THE FREEDOM AND RESPONSIBILITY OF THE PRESS BILL
    • Núm. 1-2, Febrero 1992
    • Journal of Financial Regulation and Compliance
    • 140-144
    When I drew fourth place in the ballot for Private Members' Bills I decided that it was an excellent opportunity for wide‐ranging debate on the role and structure of the press in the UK, and for le...
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Law Firm Commentaries
  • UK Law Concerning Press Freedom
    • Mondaq UK
  • Update On The Leveson Inquiry
    • Mondaq United Kingdom
    ...... will look specifically at the phone-hacking scandal as well as the press' relationship with the public, the police and politicians. Issues ... Freedom of the press. Despite the damning testimonies, the need for ......
  • New self-regulatory system for UK press?
    • LexBlog United Kingdom
    The UK’s review of the culture, practices and ethics of the press has now published  recommendations for the future. The presiding Judge, Lord Leveson, described his Inquiry as “the most public and...
    ...... ensure its efficacy and independence.  This would be balanced in the proposed legislation by a legal duty on the government to protect the freedom of the press.  Lord Leveson considered  the key “requirements” an independent self-regulatory body should meet under his proposed model to be: ......
  • Declassified UK Receives Apology From Ministry Of Defence After 'Blacklisting' Incident
    • Mondaq UK
    ......Leigh Day lawyers raised an urgent query with the MoD after its. press office refused to provide a comment to Declassified UK on an. emerging ...of defence stories. "It is fundamental to the freedom of the press that every. enquiry by journalists should be engaged with ......
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