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Freedom of Expression, Association, Assembly - Coggle Diagram
Freedom of Expression, Association, Assembly
Freedom of Expression
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constitutional basis article 40.6.1 - guarantees liberty subject to public order and morality to express convictions and opinions
convictions and opinions
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Murphy v IRTC a ban on religious or political advertising, right to communicate distinct from freedom of expression, communicate (convey needs and emotions) freedom of expression (public activities of citizen and facts of which based on
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role of the media
Irish Times v Ireland public right to be informed, media right to report news and comment on it
Kivlehan v RTE green party excluded from election debates, sued RTE - held fair, reasonable and proportionate aim of holding informative debate while staying impartial - part of RTEs duty is editorial choice
journalist sources
Mahon v Keena and Kennedy journalists have a right to protect their sources, tribunal wanted to compel who leaked the sources - SC - have to balance tribunals right to conduct investigation with freedom of expression and protection of journalists sources - disclosure of sources only justified after careful scrutiny and overriding requirement in public interest and pressing need - granted costs against over decision to destroy documents
Louis Walsh sued the sun over allegations of sexual assault, disclosure ordered except for documents that revealed the source other than the complainant and Gardai- complainant paid by newspaper
Cornec v Morrice signed share agreement with non-disparagement clause, allegation breached clause, wanted to know source - held - if widely known or other evidence less likely to be granted - bloggers now same protection as journalists
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ECHR developments
high level of protection for freedom of expression any limitations need to be necessary for pressing social need - Sunday Times v UK
extend to materials that offend, shock and disturb - Danish case where able to report facist comments - only reporting
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private figures get greater protection - Tammer v Estonia article about prime ministers assistant who had removed herself from public life
prior restraint
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Mahon v post publications can only restrain publiction if come within clearly defined exception by law - obiter - damage be irreparable or serious reputation damage
Cogley v RTE secret filming in nursing home, wanted to show it on documentary - need for public debate on issues of importance can only interfere with substantial justification - test
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X v Sunday Newspapers granted in situation where asking questions about how woman in prison became pregnant, done due to childs privacy and once out there couldn't take it back
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Higgins v Irish Aviation Authority 2022 case- Court can review jury award of damages - court needs to ensure balance between right to a good name and freedom of expression
freedom of association
article 40.6.1
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subject to laws - offences against state act s19 - a suppression order can be made against an illegal activity
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subject to limitations
Aughey v Ireland greater restriction allowed with armed forces or Gardai, Gardai can join representative assoicaitons instead of trade unions, wanted to create a 3rd one for detectives - not allowed - in public interest to not have more than 2
GRA v Minister for Public expenditure challenge to measure altering sick pay (Garda association), argued should have been consulted - dismissed as submissions had been considered
freedom of assembly
article 40.6.1
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can be restricted if nusiance, breach of peace, danger to the public, in vicinity of Oireachtas
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legislation
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Hyland v Dundalk racing protest on public road, mainly peaceful some incidencts of abusive language, held - entitled to protection under act - can't create a nuisance (make it difficult or impossible for general public to use amentiites), don't lose right because of undisciplined minority, assembly must not involve acts of trespasss - on balance protected
DPP v Bennett sit-down protest outside Israeli embassy, there for 20 seconds - on facts had to be removed as delaying ambassador
European cases
Platform Artze fur das leben v Austria anti-abortion protest, counter-protest, claimed didn't feel protected, held - effective measures taken - need to show fear creasted which would deter from expressing opinion on hihgly controversial issues
Backowski v Poland permission for gay march withdrawn - breached right- more protection for vulnerable minorities
O'Doherty and Waters right to protest while not referred to explicitly is a combination of expression and assembly - Hogan