APPENDICES
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
¶2.3 The right to freedom of expression is also recognised in the International Covenant on Civil
and Political Rights (ICCPR), which came into force in 1976.2 Article 19 of the ICCPR states that everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. It is also observed that the exercise of the right to freedom to seek, receive and impart information carries with it special duties and responsibilities and may be subject to restrictions where these are provided by law and are necessary to respect the rights and reputation of others or the protection of national security, public order or public health or morals.
¶2.4 The European Convention for the Protection of Human Rights and Fundamental Freedoms
(Cm. 8969), frequently referred to as the European Convention of Human Rights (The Convention) was signed on 4 November 1950. Freedom of expression was enshrined in Article 10. Prior to the Convention being incorporated into domestic law through the Human Rights Act 1998, the domestic courts had regard to the jurisprudence of the European Court of Human Rights (ECtHR) on freedom of expression and common law had recognised that freedom of expression had achieved the status as a constitutional right.3 Today, Article 10 of the Convention is incorporated into domestic law through the mechanism set out in the Human Rights Act 1998.
¶2.5 Freedom of expression has been recognised as one of the general rights protected under EU
law.4 The right to free expression also forms part of the Charter of Fundamental Rights of the European Union in Article 11.5
¶2.6 The importance of freedom of expression is well established by both the ECtHR and the
domestic courts.6 In R (Animal Defenders International) v Secretary of State for Culture, Media and Sport, Lord Bingham observed:7
1845"Freedom of thought and expression is an essential condition of an intellectually healthy society. The free communication of information, opinions and argument about the laws which a state should enact and the policies its government at all levels should pursue is an essential condition of truly democratic government. These are the values which article 10 exists to protect, and their importance gives it a central role in the Convention regime, protecting free speech in general and free political speech in particular."
¶Appendix 4 | Legal Materials
¶2.7 The link between individual freedom of expression and a free media may also be discerned in
citations from authority at the highest level. For example, per Sir John Donaldson MR in A-G v Guardian Newspapers Ltd (No.2):8
"… the existence of a free press … is an essential element in maintaining parliamentary democracy and the British way of life as we know it. But it is important to remember why the press occupies this crucial position. It is not because of any special wisdom, interest or status enjoyed by proprietors, editors or journalist. It is because the media are the eyes and ears of the general public. They act on behalf of the general public. Their right to know and their right to publish is neither more nor less than that of the general public."
¶2.8 Additionally, Lord Bingham observed in the case of R (Laporte) v Chief Constable of
¶Gloucestershire, that:9
"… the proper functioning of a modern participatory democracy requires that the media be free, active, professional and inquiring. For this reason the courts, here and elsewhere, have recognised the cardinal importance of press freedom and the need for any restriction on that freedom to be proportionate and no more than necessary to promote the legitimate object of the restriction."
¶2.9 Further, the rationale for protecting the freedom of the press in contributing to debate in a
democratic society has also been recognised. Lord Steyn observed in R v Secretary of State for the Home Department, Ex p Simms:10
"Freedom of expression is, of course, intrinsically important: it is valued for its own sake. But it is well recognised that it is also instrumentally important. It serves a number of broad objectives. First, it promotes the self-fulfilment of individuals in society. Secondly, in the famous words of Holmes J (echoing John Stuart Mill), 'the best test of truth is the power of the thought to get itself accepted in the competition of the market': Abrams v United States (1919)250 p13, para 49, ibid See, for instance, R(B Sky B and others) v Chelmsford Crown Court and Essex Police [2012] EWHC 1295 (Admin) p85, lines 8-14, Jon Chapman, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/11/Transcript-of- Morning-Hearing-14-November-2011.pdf p2, para 50, http://www.levesoninquiry.org.uk/wp-content/uploads/2011/12/Exhibit-Annex-1-to-Chris-Atkins- supp..pdf p47, lines 9-12, Ed Stearns, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/04/lev030412am.pdf p4, Rupert Murdoch, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/04/Exhibit-KRM-27.pdf p2, Rupert Murdoch, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/04/KRM17-Document-33.pdf p1, Stephen Abell, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/01/SA-B182.pdf p8-9, http://www.levesoninquiry.org.uk/wp-content/uploads/2012/06/Submission-by-Paul-Dacre1.pdf This was upheld on appeal by the Court of Appeal, who emphasised the fact that the individual who wished to disclose private information about another had been in, and only possessed this information because of a (more than transient) relationship of confidence US 616, 630, per Holmes J (dissenting). Thirdly, freedom of speech is the lifeblood of democracy. The free flow of information and ideas informs political debate. It is a safety valve: people are more ready to accept decisions that go against them if they can in principle seek to influence them. It acts as a brake on the abuse of power by public officials. It facilitates the exposure of errors in the governance and administration of justice of the country."
¶Article 10 of the Convention 2.10 Article 10 of the Convention provides:
1846"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 responsibilities, 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