However, whether or not a restriction on free speech is justified will depend on a number of different factors, including the identity of the speaker, the context and purpose of the speech used, as well as the actual words spoken or written. This means that the legislature and the courts can intervene to penalise or censor the use of language or conduct which crosses a culturally acceptable line. Accordingly, freedom of expression does not protect all statements, where the rights of the individual must be balanced against the public interest in permitting free speech. Does the law regulate freedom of speech?Īrticle 10 is a qualified right. These include where it is in the interests of national security or public safety for the prevention of crime and disorder for the prevention of disclosure of information received in confidence for the protection of health or morals for the protection of the rights and reputation of others as well as for maintaining the authority and impartiality of the judiciary. Subject to these conditions, Article 10 goes on to specify the limited circumstances in which the right to free speech can be legitimately curtailed. These limitations must also be proportionate. Still, any limitations on the right to free speech must be both “prescribed by law” and “necessary in a democratic society”. It carries with it duties and responsibilities, and can be “subject to formalities, conditions, restrictions or penalties”. This means that both the public and the press are able to share what they think, feel and believe without censorship, even where the expression of their views may shock, disturb or offend the deeply-held beliefs of others. Under the Article 10 right, freedom of expression includes the right “to hold opinions and to receive and impart information and ideas without interference by public authority”. This right is incorporated into UK law by the Human Rights Act (HRA) 1998, where the HRA requires the courts to interpret legislation in a way which is compatible with the Article 10 ECHR right so far as it is possible to do so. It is also guaranteed under Article 10 of the European Convention on Human Rights (ECHR), where “everyone has the right to freedom of expression”. The right to freedom of speech is protected under common law in the UK. What does the law say about freedom of speech? The following guide on the rules relating to freedom of speech in the UK examines the legal basis of this right, including the circumstances in which freedom of speech can be fettered, and how shifting attitudes and consensus may change what is classed as free speech. The UK public and press enjoy some of the greatest freedoms of anyone in the world to express their opinions and ideas. Freedom of speech forms a fundamental part of our democracy.
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