Article 10

the right to freedom of expression, this is a qualified right meaning there is a large margin of appreciation

1. to hold opinions

2. to communicate opinions and ideas

3. to receive information and ideas

we cannot restrict this component because the state must not try to indoctrinate their citizens meaning we can have our own opinions which are not marginalised by the state.

states should not distinguish between individuals holding one opinion and another

this includes the negative freedom and not being forced to share their opinions

S12 of the Human Rights Act 1998 gives special regard to the freedom of the press. there must be protections for the provisions of a free press. Journalist sources must be protected as shown in Goodwin v UK(1966).

the media and public should be able to comment on political matters without hindrance.

• has to be from lawful sources

• media information and ideas to the public must be of public interest.

• this doesn’t create a general positive obligation to provide information as shown in Guerra v Italy (1998)

1. prescribed by law

2. legitimate aims

3. necessary in a democratic society

1. national security

2. public safety

3. protection of health or morals

4. prevention of crime

5. protection of rights of others

6. prevention of disclosure of confidential information

7. maintaining authority and impartially of judiciary