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Freedom of expression (The role of the press (inform on matters of public…
Freedom of expression
The right
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The ECHR right
everyone has the right to freedom of expression - include freedom to hold opinions and receive and impart information without interference by public authority
reasons - democracy, progress and develop - protects what inoffensive but also that which shocks or distrubs
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ideas and information
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J Costello - Constitution allows for creation of statutory monopolies statutory monopolies when Oireachtas decides in publics best interest
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Murphy v IRTC - way to persuade people to prove resurrection had occured (advertising) - government interfered
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Holland v Governor of Portlaoise Prison - criminal wanting to communicate to journalists - not allowed communicate directly to the public
prisoner right to communicate - may be curtailed, but not got rid of
relevant factor - purpose of contact, media role to expose miscarriages
States obligation
duty to intervene to prevent broadcasts aimed at support groups seeking to use violence to overthrow the state
ensure organs of public opinion - not used to undermine public order, morality or authority of the state
State (Lynch) v Cooney -
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Rte accepted they were a political party, Minister intervened, to prevent Sinn Fein broadcasts
Purcell v Ireland
producer brought application against Ireland saying it was against Article 10 - court - emphasised - it was a legitimate reason for preventing them
Kivlehan v RTE - RTE allowed right of editorial choice - could excluded Green leader from election debate
Murphy v IRTC - can't buy time to further religious or political aims, could be invited to chat show as a guest, - all religions treated equally
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Murphy v Ireland - lost in ECHR - interference prescribed by law (protect public and safety) - prevent dominant religion gaining unfair advantage through paid advertisng
Swiss Pigs - ad contrasted sow and litter running though sun with pigs in factories - animal rights group - ban on add wrong - no pressing need to limit broadcast
Dillon v DPP - blanket ban on begging in public places - treated beggers as criminal - regardless of time, date, circumstances - violated freedom of expression