Reports that Matter

An Inquiry into the Culture, Practices and Ethics of the Press

APPENDICES

Section 69 of 140

APPENDICES

V Vijay Vaghela Keith Vaz MP Paul Vickers

W Adam Wagner Professor Jeremy Waldron Alan Walls Claire Ward Richard Watson Paul Waugh The Wellcome Trust James Welsh Andre White Doug Wills Wish Karl Wissgott Jan Woolf World Press Freedom Committee Julian Wright Arthur Wynn Davies

Y David Yelland Andrew Young Youth Media Agency

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Appendix 4 legal materials

  1. Overview 1.1 This Annex sets out an overview of the law of particular relevance to the Inquiry's terms of

reference. The purpose of the Annex is to summarise the current law to the extent that this is necessary to understand the evidence heard by the Inquiry, to put that evidence in a legal context and to assist in understanding the legal framework within which the recommendations set out in the Report are framed. The Annex is not intended to be a complete or definitive recitation of the law relating to the press, nor does the commentary in the Annex seek to determine any points of law or carry any weight in any future legal proceedings. For those unfamiliar with the law, in the interests of clarity, authorities which support different propositions are repeated and explained in different parts of the text.

1.2 The broad structure of the Annex is as follows:

  • Freedom of Speech and Article 10 – The importance of freedom of speech, Article 10 of the European Convention, section 12 of the Human Rights Act and the protection of jour- nalists' sources;
  • Civil Law – Breach of confidence, misuse of private information, protection from Harass- ment Act 1997 and defamation;
  • Regulatory Law – Legal framework relating to the Information Commissioner;
  • Criminal Law – Substantive law restraining the conduct of journalists and the content of publications;
  • Criminal Procedure – Police powers of investigation in relation to journalists.
  1. freedom of speech and Article 10

Recognition of the right to freedom of expression 2.1 The concept of freedom of speech has a long history, although the establishment of a legally

enforceable right to free speech in the United Kingdom is a relatively recent development in the law.

2.2 Freedom of speech in a specific context was recognised in the Bill of Rights 1689 which referred

to "freedom of speech in Parliament". Freedom of speech in broader terms was recognised in a number of international instruments in the twentieth century. At the first meeting of the General Assembly of the United Nations in London in 1946, freedom of expression was proclaimed as the touchstone of all human rights.1 Article 19 of the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations on 10 December 1948 states that:

UN General Assembly Resolution 59(1) of 14 December 1946

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