1-20 of 49 Results

  • Keyword: expression rights x
Clear all

Chapter

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

This chapter discusses Article 10 of the European Convention on Human Rights, which guarantees freedom of expression. It first delineates the boundaries of protection of Article 10. It then turns to different categories of expression; specific issues relating to the press and media licensing; the standard ‘prescribed by law’; legitimate aims; the notion of ‘duties and responsibilities’ of the bearers of expression rights; and some distinct methodologies advanced by the Court to deal with defamation cases.

Chapter

This chapter presents an overview of the European Convention on Human Rights, an International treaty originating in the reconstruction of Europe’s political order following World War II. The chapter is organised as follows. Section I discusses the main procedural and substantive features of the Convention itself, whilst Section II assesses its status and use in English law up until (approximately) the early-1990s. Sections III and IV examine the leading judgments of the European Court on Human Rights in the areas of privacy and freedom of expression.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Noami Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

Book

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Self-test questions and exam questions help readers to engage fully with each subject and check their understanding as they progress. Human Rights Law Directions has been written expressly to guide you through your study of human rights law, and to clearly and concisely explain the key areas of this fascinating subject. Combining academic quality with innovative learning features and online support, this is an ideal text for those studying human rights law for the first time. This fourth edition has been fully updated with key developments in human rights law, including: discussion, in so far as information allows, of the repeal of the Human Rights Act and its replacement with a British Bill of Rights (this will be updated through the ORC); the ECtHR case law on unlawful rendition; deportation and human rights; the impact of human rights on warfare and the condition of British troops abroad; the cuts in legal aid; the impact of article 8 on abortion and assisted suicide; concerns over surveillance and communications data and the impact of human rights law on controversies over religious dress (such as the burqa ban in France). There are updates to the Online Resource Centre, which include a subject-specific glossary and the text of the Human Rights Act.

Book

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Self-test questions and exam questions help readers to engage fully with each subject and check their understanding as they progress. Human Rights Law Directions has been written expressly to guide you through your study of human rights law, and to explain clearly and concisely the key areas of this fascinating subject. Combining academic quality with innovative learning features and online support, this is an ideal text for those studying human rights law for the first time. This fifth edition has been fully updated with key developments in human rights law, including: discussion, in so far as information allows, of proposed reform of the legal protection of human rights in the United Kingdom, post-‘Brexit’; the ECtHR case law on unlawful rendition; deportation and human rights; the impact of human rights on warfare and the condition of British troops abroad; the impact of Article 8 on abortion and assisted suicide; concerns over surveillance and communications data; the impact of human rights law on controversies over religious dress (such as the burqa ban in France); and possible infringements of rights by the legal response to Coronavirus.

Book

Ruth Costigan and Richard Stone

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Textbook on Civil Liberties and Human Rights provides an account of this area of law. This work covers all the main topics in the field of civil liberties and human rights. It provides coverage of crucial areas such as police powers, freedom of expression, terrorism, and public order. A thematic approach helps readers to appreciate the overlap and interconnected nature of the subject, and the close association between the different articles of the European Convention. Topics new to this edition include: Austin v UK on kettling and the deprivation of liberty; von Hannover v Germany (No 2) and Springer v Germany on privacy; Othman (Abu Qatada) v UK on asylum and fair trial rights; O’Donoghue and Others v UK on the right to marry; the Supreme Court’s views in R v Gul on the definition of terrorism; the Court of Appeal’s rulings in Hall v Bull and Black v Wilkinson on discrimination on grounds of sexual orientation where this conflicts with religious beliefs; Att Gen v Davey on contempt and the internet; and the Anti-Social Behaviour and Policing Act, which will replace ASBOs with Injunctions to Prevent Nuisance and Disorder.

Chapter

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and exceptions to freedom of expression. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.

Chapter

This chapter discusses the sources, scope, and limitations of the four fundamental freedoms: thought, expression, association, and assembly. Freedom of thought includes freedom of conscience, religion, and belief. Freedom of expression includes freedom of opinion and freedom of information. Freedom of association concerns the right to establish autonomous organizations through which individuals pursue common interests together. The right of assembly protects non-violent, organized, temporary gatherings in public and private, both indoors and outdoors.

Chapter

This chapter examines freedom of expression in international human rights law. It discusses the freedom of the press and media; overlap with other rights (correspondence, privacy, and association); and some of the permissible exceptions to freedom of expression. Freedom of expression is more complex than perhaps first appears. There are many situations in which law is engaged to ensure an appropriate balance is struck between competing claims. There are also diverse views on the appropriateness of limiting the exercise of the freedom. The chapter concludes that the scope of the freedom of expression is still evolving and that international bodies are struggling with the challenges of the information technology age.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defamation differs from other aspects of tort law because it is concerned with protecting against harm caused by words. The law of defamation is intended to provide compensation for people whose reputations have been damaged by untrue statements and it may allow one to obtain an interim injunction to stop a potentially defamatory statement from being published. This chapter discusses the human rights dimension in defamation and the procedural and substantive changes to defamation law introduced by the Defamation Act 2013. It also explores how to strike a balance between the competing rights of freedom of expression and protection of reputation.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defamation differs from other aspects of tort law because it is concerned with protecting against harm caused by words. The law of defamation is intended to provide compensation for people whose reputations have been damaged by untrue statements and it may allow one to obtain an interim injunction to stop a potentially defamatory statement from being published. This chapter discusses the human rights dimension in defamation and the procedural and substantive changes to defamation law introduced by the Defamation Act 2013. It also explores how to strike a balance between the competing rights of freedom of expression and protection of reputation.

Chapter

This chapter examines intellectual property rights (IPRs) in relation to the information society. The discussion begins with an overview of IPRs involving copyright, patents, trademarks, and the database right, and then considers IPRs and the process of digitization within the framework of cyberlaw. It mentions the criticism received for overprotecting content or systems in the information society and discusses the idea of an over-reliance on models developed for a previous age and for different challenges in dealing with the information economy and society. It concludes by highlighting the tension between the information society and the intellectual property industry in terms of what each wants and expects: liberty, free use of content, and unfettered free expression for the former; and protection, control over use, and abuse and reward for the latter.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on terrorism as a contested concept and the controversy surrounding its definition, along with the debate about the relationship between anti-terror law and human rights. It looks at the issue of compatibility between anti-terror law and human rights in the context of the rule of law and proportionality. The chapter also examines the European Court of Human Rights’ (ECtHR) interpretation of Article 3 of the European Convention on Human Rights (ECHR) as well as the conditions under which states can derogate from the ECHR. Finally, it considers anti-terror law in the UK and the challenges it has faced in the courts.

Chapter

This chapter considers the extent to which individuals can and should be able to prevent others referring to them and their activities and, conversely, the extent to which individuals and companies should be able to commercialise and control a reputation that they have built up. The discussions cover the evolving right to personal privacy (through the tort of misuse of private information) and its base in human rights, particularly in respect of photographs; obtaining and dealing with trade marks in respect of well-known personalities; the relationship between passing off and endorsement and merchandising; and the extent to which individuals and businesses can and do control the use of their image through endorsement and sponsorship. The chapter also considers data protection, as well as the balancing of privacy and freedom of expression.

Chapter

This chapter presents an overview of the European Convention on Human Rights, an International treaty originating in the reconstruction of Europe’s political order following World War II. The chapter is organised as follows. Section I discusses the main procedural and substantive features of the Convention itself, whilst Section II assesses its status and use in English law up until (approximately) the early-1990s. Section III examines the leading judgments of the European Court on Human Rights in the areas of privacy and freedom of expression. The chapter goes on to consider how the UK constitution’s approach to the issue of civil liberties and human started to change in the 1970s, 1980s, and 1990s. Discussion focuses initially on the ways in which domestic courts began to use common law ideas to give increasing effect to the Convention’s provisions. The chapter then examines emerging arguments as to the benefits that might result from Parliament enacting a statute giving Convention articles a superior status to common law rules. The chapter then discusses the re-emergence and consolidation of fundamental human rights as an indigenous principle within the common law, and concludes by analysing the so-called ‘judicial supremacism’ controversy of the early and mid-1990s in which the courts’ increasingly forceful assertion of human rights ideas provoked substantial criticism from Conservative party politicians.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.