Page 314 - Law and the Media

The Human Rights Act 1998
environment, such as the noise generated by aircraft and serious environmental pollution
(Hatton v United Kingdom (2001)).

In X and Y v Netherlands (1985), the European Court of Human Rights made clear that:

. . . although the object of Article 8 is essentially that of protecting the individual
against arbitrary interference by the public authorities, it does not merely compel
the State to abstain from such interference: in addition to this primary negative
obligation, there may be positive obligations inherent in an effective respect for
family life. These obligations may involve the adoption of measures designed to
secure respect for private life even in the sphere of the relations of individuals
between themselves.

As a result, there is a strong argument that the HRA places the English courts under a duty
to develop the law to protect privacy.

19.3.3 Freedom of expression (Article 10)

General principles
Article 10 states:

1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas
without interference by public authority and regardless of frontiers. This Article
shall not prevent States from requiring the licensing of broadcasting, television
or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibili-
ties, may be subject to such formalities, conditions, restrictions or penalties as
are prescribed by law and are necessary in a democratic society, in the interests
of national security, territorial integrity or public safety, for the prevention of
disorder or crime, for the protection of health or morals, for the protection of the
reputation or rights of others, for preventing the disclosure of information
received in confidence, or for maintaining the authority and impartiality of the
judiciary.

It has been repeatedly made clear by the European Court of Human Rights that freedom of
expression ‘constitutes one of the essential foundations of a democratic society and one of
the basic conditions for its progress and for each individual’s self fulfilment’.

Content of expression
Freedom of expression is applicable to ‘information’ or ‘ideas’ that are favourably received
or regarded as inoffensive or as a matter of indifference. It is also applicable to information
or ideas that offend, shock or disturb the State or any sector of the population, because
without such pluralism, tolerance and broadmindedness there is no ‘democratic society’.
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