Chapter 18 Guidance on answering the exam questions

Freedom of speech ‘is a trump card which always wins’ (R v Central Television plc [1994] Fam 192, 203 (Hoffmann J)). Consider this statement in the light of Article 8 ECHR.

This requires you to discuss how competing Convention rights are balanced by the courts.

  • Explain the rights that are protected by Articles 8 and 10. Consider in particular the provisions in paragraph 2 of each Article.
  • Discuss how Article 8 has led to the development of the law on privacy against press intrusion. What is the importance of a ‘reasonable expectation of privacy’?
  • How do the courts balance competing rights under Articles 8 and 10 i.e. the individual’s right to privacy with the media’s right to freedom of expression? What is the importance of the public interest?
  • There are many cases to choose to support and illustrate your arguments. Consider, for example, Campbell v MGN, A v B, Richard v BBC.
  • What is the importance here of section 12 Human Rights Act?
  • Does freedom of expression always win?