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article 10.1 - Coggle Diagram
article 10.1
freedom of expression
hold opinions
protected under S.12 HRA
receive information and ideas
FOI 2000 gives everyone in the UK the right to access recorded information held by public sector organisations
can refuse if info is sensitive or costs too high
right to gather information and seek information through all lawful sources
no general positive obligation to provide the information (Gurrea v italy)
impart information and ideas
artistic
unpalatable views / the publication of said values or ideas is allowed but can be restricted for hate speech (Garaudy v France)
considered as having low value meaning more narrow margin of appreciation (otto-preminger)
commercial
political
wide range of acceptance considered as a high value meaning wide margin of appreciation
public interest expression
legitimate public debate or concern (steel and morris v UK)
right to offend shock and disturb (Handyside v UK)
freedom of the press
protection for elements of a free press including protection of journalistic sources (Goodwin v UK) (Financial times v ECHR)
Interference with freedom of the press has to be justified even where there is public interest in question (A v B plc)
axel springer AG v UK
whether the information contributes to a debate of general interest
the notoriety of the person concerned and the subject matter of the report
the prior conduct of the person concerned
the method of obtaining the information and its accuracy
the content form and consequences of the publication
the severity of the sanction imposed
without interference of a public authority
freedom of information applies to state held information and ensures access in public interest. in order for recipients to access and in order to contribute to wider public debate in watchdog capacity
insufficient reasons to provide access
voyeurism
sensationalism
nature of the information sought
purpose of the information request
role of the applicant
ready and available information
qualified right
cannot be forced to communicate opinions
right to communicate and express oneself in any medium
images
pictures
words
actions
public protest (article 11)
demonstrations