Article 10 Flashcards Preview

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Flashcards in Article 10 Deck (20)
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1

Little red school book

Handy side v uk

2

Book denied holocaust no breech

Garaudy v France

3

Refused to disclose his source despite winning a contempt of court order telling him to do so and being finned £5000 art 10 was breached because the publication of the material was already prohibited

Goodwin v uk

4

Balances conflict with 8&10 criteria

Is info of general interest
Notoriety of person
Prior conduct of person
Method it was obtained and veracity
Severity of sanction

Axel v Germany

5

Macdonald bought libel action against dependent who published leaflets about the food

Steel v Morris v uk

6

Footballer extra marital affair

AvB Plc

7

Exhibition of models made out of foetuses
Offence of outrageous public decency committed

Gibson v sylveire

8

Film offending Catholicism in a large catholic area no violation the ban was justified

Otto-Preminger-institute Australia

9

Chemical factory near where people lived production of fertiliser not told, no breech no obligation to collect and disseminate info

Guerrero v Italy

10

Hungarian police refused access to info from a civil rights organisation

Scope of access

Only state held information
Only access in public interest
Those who access do so to contribute to public debate
Sensationalism is not valid right
If information is instrumental to individual exercise of his right to freedom of expression must be disclosed

Magyar v Hungary

11

Former secret service man published his memoir case looks at necessary book already published

Observer and guardian v uk ( spy catcher case)

12

Member of mI5 disclosed documents justified restriction in interest of national security

R v Shayler

13

Co owned a weekly review published letters criticising turkey part in massacre in Kurdistan
Interference legitimate preventing dissorder or crime no violation

Surek v turkey

14

Obscene artwork convicted of a crime no violation
State has a margin of appreciation in decision if restrictions necessary

Muller v Switzerland

15

Applicant provided pregnant women with info about abortion in the uk
Restrictions violated

Open door v Ireland

16

Published information about a notorious car accident while driver in process of prosecution
Journalist charged no violation necessary in a democratic society

Bedat v Switzerland

17

Geriatric nurse dismissed spoke out about care

Heinrich v Germany

18

Parents of deformed kids Sunday times published info on out of court offer regarding thalidomide high court granted an injunction
Was a violation

Sunday times v uk

19

Turkey blocked all Google sites due to one site facing criminal proceedings insulting the former president
Was a violation

Yildrim v turkey

20

Shipping company changing lorry route
No violation

Delfi v Estonia