Chapter 17 Multiple choice questions

1. Article 10(1) expressly mentions the 'freedom … to receive … information and ideas … without interference by public authority'. This does not mean that Article 10 is the basis for a strong right to freedom of information requiring the State to make information available even against its wishes.

True

False

2. The media have an important role in society, which is protected under Article 10. Nevertheless, proportionate restrictions on the media are permitted under Article 10 to protect, for example, vital national interests or to prevent incitements to violence. These restrictions are acceptable under Article 10(2) and their legitimacy is emphasised by its '………' clause.

3. Which of the following types of restriction on freedom of expression are probably compatible with Article 10(2)? Please select all that apply.

Proportionate restrictions on freedom of expression that are based on 'codes of practice'.

Proportionate restrictions on freedom of expression that aim to promote 'the economic well-being of the country'.

Censorship of pornographic DVDs that is more restrictive than the censorship found in a number of other countries in the Council of Europe.

Restrictions on advertising that involve the State 'taking sides' in a morally sensitive but highly controversial matter.

4. Match the circumstances and principles with the cases with which they are associated.

Political activists, belonging to small political groups and parties, have an important role to play in the democratic process and so their expressive acts receive high protection under Article 10.

Parliamentary privilege is necessary to the free and effective workings of parliaments and legislatures. Therefore, the free speech of elected politicians, in Parliament, is protected even at the expense of individuals who are defamed or otherwise harmed by what they say.

The government is allowed to use the law to protect its secrets from being revealed in books or in the media. This can be justified in the name of national security, but attempts to continue legal action against the press when secrecy has been lost are likely to fail.

Political expression, under Article 10, is not confined to speech acts. It includes other forms of political action, such as demonstrations and marches (these might also be considered under Article 11, rather than Article 10, although it is unlikely that any different issues would thereby emerge).

5. Which one of the following statements best expresses the decision of the majority in Pro-Life Alliance v BBC?

The rule under which the BBC should not broadcast matters offensive to taste and decency was compatible with Article 10 and hence any specific application of that rule was also compatible.

The rule under which the BBC should not broadcast matters offensive to taste and decency had not been placed in issue. The question was whether the specific application of the case was compatible with Article 10. The speech was political speech and enjoyed the highest protection under Article 10. Nevertheless, the court took the view that, taking all matters into account, the programme should not be broadcast.

The rule under which the BBC should not broadcast matters offensive to taste and decency had not been placed in issue. The question was whether the specific application of the case was compatible with Article 10. This was an instance of political speech at election times, which should enjoy the highest protection. The fact that it would be disturbing was not enough to justify the programme not being broadcast.

The rule under which the BBC should not broadcast matters offensive to taste and decency had not been placed in issue. The question was whether the specific application of the case was compatible with Article 10 and, on this, considerable deference to the BBC's decision was appropriate.

6. In order to ensure freedom of expression, the European Court of Human Rights (ECtHR) and the courts in the United Kingdom have developed the rule that any powerful political, economic or social organisation (such as a local council or a large commercial corporation) cannot sue its critics for defamation, unless it can prove either special losses attributable to the defamatory remarks or that the speaker acted with malice, aiming to cause damage. To allow actions for defamation by powerful organisations (as distinct from individuals) would chill freedom of speech, allowing the powerful to restrict speech by threatening legal action.

True

False

7. The suppression of which one of the following types of speech is likely to involve a breach of Article 10?

Speech or other expressive actions that involve an incitement to violence.

Morally worthless speech, based on the assertion of false factual claims.

The broadcasting, by a licensed broadcaster, of racist ideas.

The suppression of anti-religious speech, which does not incite violence, but which is likely to be offensive and distressing to those who hear it.

8. Which one of the following statements best expresses the position of the European Court of Human Rights (ECtHR) in respect of cases involving unlawful pornography?

The ECtHR has established a broad standard for identifying pornography that has no artistic, political or social significance and which States are under a positive duty to suppress.

Article 10(1) protects pornographic expression that has no artistic, political or social significance. Under Article 10(2), States can only justify suppression on the basis of being able to show a clear need based on compelling and specific evidence of harm the pornography has caused or is likely to cause.

Article 10(1) protects pornographic expression that has no artistic, political or social significance. Under Article 10(2), States can justify suppression on the basis of their own assessment of the need, subject to a backstop reviewing power of the ECtHR.

Article 10(1) protects pornographic expression that has no artistic, political or social significance. Under Article 10(2), it can be suppressed by States, but only on the basis of laws that clearly define and describe, in advance and in detail, the kinds of expression that are unlawful.

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