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When Article 10 can be limited (Only permissible if they fulfil 3 criteria…
When Article 10 can be limited
Limitations set out in 10(2)
Only permissible if they fulfil 3 criteria:
The interference is prescribed by law
Sunday Times v United Kingdom
Interference is aimed at protecting one of more of the following legitimate aims
in the interests of national secruity
limited protection - Spycatcher case
court rarely challenges the legitimate national security aim argued by the state
Hadjianastassiou v Greece
with respect to territorial integrity or public safety
the borders of the state
public safety would include legislation to prevent bomb hoaxes
no public interest defence available to offences under the Official Secrets Act 1989 - Shayler
for the prevention of disorder or crime
the question is whether the states actions are proportionate - Surek v Turkey
for the protection of the reputation or rights of others
for preventing the disclosure of info received in confidence
for maintaining the authority and impartiality of the judiciary
for the protection of health/morals
areas of expression that no society or state is likely to allow
Interference is necessary in a democratic society
Observer and Guardian v United Kingdom