Topic > Limits of freedom of expression in English law - 969

What are the limits of freedom of expression in English law? Are they satisfactory? Article 10 of the European Convention on Human Rights states: “Everyone has the right to freedom of expression. This right includes freedom to hold opinions and to receive and impart information and ideas without interference from public authorities and regardless of frontiers. This article does not prevent States from requiring the granting of licenses to radio, television or cinematographic enterprises." This is enshrined in UK law through the Human Rights Act 1998. Article 10 amounts to clear protection of all forms of communication, from verbal to visual, and firm recognition of the importance placed on one's ability to express oneself in a democratic society. Leading liberal theorists such as JS Mill place extensive attention on freedom of expression as a fundamental part of the fulfillment of the individual. We need a key quote from Liberty. Like most rights, however, Article 10 is qualified (potentially mentions the introduction to the media section, etc.), section 10(1) states that "Article [10] does not prevent States from requiring the licensing of broadcasting, television or film businesses”. two distinct forms. Content-based licensing, an example of which is the licenses required by cinemas to show films, and activity-based licensing, a format used in relation to radio and television licensing is a direct challenge to free speech, it is easy to see how both of these systems could be open to abuse by the government could ... middle of paper ... of prejudicial publications. This is not only a question of free speech, but also a question of fair trial: as citizens of the United Kingdom we have the right to a fair trial before a jury of our peers under section 6 of the ECHR. This would be made impossible if large-scale public discussions took place around the case in question through the media, accusations and speculation influencing the jury's decision could potentially create a miscarriage of justice. Once again the issue is one of proportionality and the courts must be careful in weighing Article 6 against Article 10 in order to provide a socially fair solution. The issue of prejudicial publication was brought into the media spotlight in the case of Sunday Times v United Kingdom. In this case the European Court of Human Rights found that the UK had not struck this balance effectively