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Chapter

Cover International Human Rights Law

11. Thought, Expression, Association, and Assembly  

Dominic McGoldrick

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

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

11. Freedom of Religion, Association, and Peaceful Assembly  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties; offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of religion, freedom of association, and the right to peaceful assembly, including the scope of those rights, their protection in domestic law and under the ECHR and their application to matters such as religious practices, trade unions, and political organisations, and the right to demonstrate.

Chapter

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

10. Freedom of Expression  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of speech and expression, including the scope of free speech and expression, its protection in domestic law and under the ECHR, and its application to areas such as public order, national security contempt of court, press freedom, and defamation law.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

13. Article 10: Freedom of Expression  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

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. The chapter considers the restrictions on expression permitted by Article 10.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

13. Article 10: Freedom of expression  

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

Cover Public Law

20. Freedom of Expression  

This chapter examines the nature of free speech, first addressing the question of why free speech must be protected. It then discusses Article 10 of the European Convention on Human Rights (ECHR), media freedom, defamation, criminal offences, privacy, and official secrecy.

Chapter

Cover Human Rights Law Concentrate

7. Freedom of religion and expression  

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 freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

Chapter

Cover Tort Law

16. Invasion of privacy  

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.

Chapter

Cover Tort Law

16. Invasion of privacy  

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.

Book

Cover Concentrate Questions and Answers Human Rights and Civil Liberties
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. After an introduction, it covers: the nature and enforcement of human rights and civil liberties; the European Convention on Human Rights; the Human Rights Act 1998; the right to life; freedom from torture and inhuman and degrading treatment; due process, liberty and security of the person, and the right to a fair trial; prisoners’ rights; the right to private life; freedom of expression; and freedom of religion, association, and peaceful assembly.

Chapter

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

1. Exam Skills for Success in Human Rights and Civil Liberties Law  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter briefly sets out the book’s purpose, which is to assist students preparing for an examination in human rights and civil liberties, and also offers some suggestions regarding coursework and taking exams.

Chapter

Cover International Human Rights Law

20. Freedom of expression  

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.

Book

Cover Civil Liberties & Human Rights

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

Cover Tort Law Directions

14. Elements of defamation  

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

Cover Human Rights Law Directions

14. Introduction to Articles 8–11  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter introduces the general idea of qualified rights under the Convention. These are the subjects of the next four chapters. Articles 8–11, involve individual freedom: freedom to live a private and family life (Article 8); freedom to hold and demonstrate religious and other beliefs (Article 9); freedom of expression, including the freedom of the media (Article 10); and the freedom to ‘assemble’ and ‘associate’ (Article 11). The articles have a similar, two-paragraph structure that requires the courts to decide, first, whether some action for which the state is responsible interferes with a protected freedom and, if it does, whether the state has shown that the interference is justified in terms of the second paragraph of the Article involved.

Chapter

Cover Contemporary Intellectual Property

17. Breach of confidence  

This chapter discusses contemporary law and policy relating to the protection of confidential information, under the common law. It considers the key elements of breach of confidence: the nature of confidential information, circumstances imparting obligations of confidence, and unauthorised use of confidential information. The chapter also considers the increasing impact of the Human Rights Act 1998 (HRA 1998) and the relevance of international perspectives and approaches. The chapter summarises some key cases to give examples of the issues that arise, discusses the evolving relationship between secrecy and innovation, and the impact of other forms of information control and the relevance of freedom of expression.

Book

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

Bernadette Rainey, Pamela McCormick, and Clare Ovey

Seventy years after the founding of the European Court of Human Rights it has dispensed more than 22,000 judgments and affects the lives of over 800 million people. The eighth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines each of the Convention rights including the right to a remedy, right to life, prohibition of torture, protection from slavery and forced labour, and respect for family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.

Book

Cover Concentrate Questions and Answers Public Law
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic, and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to Public Law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The twelfth chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.

Chapter

Cover Contemporary Intellectual Property

18. Privacy and control of information  

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 in this context, as well as the balancing of privacy and freedom of expression.

Chapter

Cover Contemporary Intellectual Property

18. Control of information, reputation, and intellectual property  

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.