Self-test questions: Human rights: freedom of expression

By Josie Welsh
. Which of the following statements summarises the justification for freedom of expression as a human right?

. Steve has been posting on his Twitter account at the time of a general election and he has found himself in some heated debates with other Twitter users from all sides of the political spectrum. At one point, Steve makes a point about one of the candidates and sees that below, someone has responded in a very critical and rude way. Steve wonders whether they are allowed to say what they have and where the law comes from on freedom of speech.
Choose the answer to Steve's question from the list below.

. Article 10 of the European Convention on Human Rights provides for freedom of expression. This is a qualified right and can be subject to restrictions.
Which of the following best describe the basis for restricting this right?

. In 2005, Peter Owen was tried and convicted of manslaughter under the doctrine of joint enterprise. He has always maintained that while he did commit burglary with his co-defendant, he never intended to kill anyone. Peter has repeatedly asked for interviews with journalists so that he might tell his story and open investigations into the crimes. Peter was refused access to a journalist and was told that there was a blanket ban on such things. Eventually, a judicial review case was brought challenging the policy and raising the question of the limits to prisoners' freedom of expression in such cases.
What did the court decide?

. A newspaper has been investigating the conduct of a former Government minister who is alleged to have been having mysterious dealings with foreign governments. There is a question mark over his integrity while he was in office. The newspaper, having spent years investigating, gains sufficient evidence for the editor to decide to print the revelations. They will have far-reaching effects and will prove highly controversial since they disclose the identities of many high-profile individuals involved.
Why might the paper be permitted to print such an article?

. A newspaper has been investigating the conduct of a former Government minister who is alleged to have been having mysterious dealings with foreign governments. There is a question mark over his integrity while he was in office. The newspaper, having spent years investigating, gains sufficient evidence for the editor to decide to print the revelations. They will have far-reaching effects and will prove highly controversial since they disclose the identities of many high-profile individuals involved. The story appears on Monday's front page.
What might be the legal implications of printing this story?

. The local police authority is made aware of an individual posting on social media in an offensive manner. The individual concerned posts about footballers who have been taking the knee before matches in the recent European Championships. The police authority tells the individual to stop posting their views on social media even though no-one has reportedly found them offensive or upsetting.
Can this restriction on their freedom of expression be justified?

. A nurse working at a hospital is approached by a journalist and asked for information about a patient. The journalist tells the nurse that they cannot offer them any money in exchange and 'all they want to know is what procedure they had'. The nurse decides to share the information. It later turns out that the information is used in a story about a well-known musician who had undergone surgery to remove a benign tumour.
What is the nurse likely in breach of in this situation?

. Dirk Jackson was a former Chancellor of the Exchequer at various times between 1950 and 1965. While he was in office, he kept a range of private diaries. After his death in 2000, his family came across his diaries and a note he had left giving his permission to publish them. The diaries did contain details of Cabinet meetings but nothing pertaining to national security.
Can the government prevent the publication of these diaries on the basis of a breach of confidentiality?

. Gary Giles is a famous popstar with a fan base spreading across the globe. He has recently been seeking support for a social media addiction. Gary is leaving the clinic he has attended one day and a photographer takes pictures. Gary is wearing a hoodie, a baseball cap and sunglasses and tries to hide from the photographer. The photographs are published in the magazine Hot and appear on social media and online news outlets later that day.
Which Convention right is potentially in conflict with Article 10 in this scenario?

. A national broadcaster shows footage as part of its daily news programme which documents the search of the private home of a Saturday night TV personality, Shaki Shakura. Shakura's home is set in 100 acres of private countryside and the estate is surrounded by high stone walls. The footage is obtained by a news agency flying a helicopter very low over Shakura's home.
What might be the outcome of the balancing exercise between Article 8 and Article 10 ECHR here?

. A news company is given access to a copy of a handwritten letter sent by a member of the Royal Family to their estranged son. The letter contains personal details about the breakdown of their relationship and the son's drug addiction. The news company decides to publish the letter.
Upon which cause of action might the member of Royal Family start a claim?

. What is the name of the inquiry which sought to investigate and report on the culture, practices and ethics of the press?

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