Chapter 22 Guidance on answering the self-test questions

1. How does the ‘duties and responsibilities’ clause in Article 10 affect the media?

It qualifies the duty of journalists and editors to pursue stories. They must be aware of not undermining the rights of others by, for example, inciting violence. There are limits to freedom of expression accepted by Article 10 which journalists should not overstep.

2. Explain the principles, inherent in Article 10, which allow journalists to protect their sources.

The ECtHR accepts that he media have an important “watchdog” role in ensuring that power is exercised accountably. The ability of a journalist to protect her sources is extremely important and instrumental in the performance of this role. Although it is not an absolute right it requires the strongest arguments about the rights of others or the public interest to justify interfering with this right.

3. What impact do Convention rights have on the regulation of broadcasting?

Article 10 allows restrictions based upon the needs of (content free) licensing, e.g. of bandwidths etc. Most importantly, Article 8 (private life etc.) requires broadcasting regulation to have procedures by which complaints of breach of privacy can be assessed, in particular by being balanced with the Article 10 rights of the media

4. Does regulation (of press and broadcasting) by itself provide effective remedies for persons aggrieved by what they see as a breach of their privacy?

Not completely. There may need also to be access to fully legal procedures by which injunctions can be issued or damages imposed where this is necessary. Only a court can do this. Quasi-judicial regulation may not be enough by a Regulator is not enough.