Freedom Of Expression Is Protected By Article 10 Of The...

1 INTRODUCTION ‘Any restraint on press freedom is a risk to freedom and democracy itself.’ Despite this there are many restraints the press face; when defaming a person, reporting from the Youth Court, reporting previous convictions if in contempt of court, inter alias. This paper will focus on the Leveson Inquiry and the controversy which led to the inquiry itself. In particular, it will evaluate the consequences to a democratic society by implementing the restrictions recommended by the Leveson Report, and the supposed disregard for public interest. 2 EUROPEAN CONVENTION ON HUMAN RIGHTS Freedom of expression is protected by Article 10 of the European Convention on Human Rights (ECHR). Speech is inclusive of freedom of expression.†¦show more content†¦The Information Commission Office (ICO) has expressed that ‘â€Å"both privacy and freedom of expression are of special importance in a democratic society, and neither consideration automatically trumps the other.’ A conundrum arises when balancing the contradicting rights. The UK has a reputation for protecting individuals privacy, as seen in Douglas v Hello. On the contrary, there is also an ‘extraordinary protection’ afforded to freedom of expression in the UK, especially to the Press. There is now a well established test derived from Campbell, in which one must reasonably expect privacy. PRIVACY 3 THE LEVESON INQUIRY In 2011, Lord Justice Brian Leveson carried out a 16 month inquiry into the Culture, Practices and Ethics of the British Press, as ordered by Prime Minister David Cameron under the Inquiry Act 2005. This became widely known as ‘The Leveson Inquiry’. The inquiry was a result of the preceding phone hacking scandals from the News of the World, into both celebrities and victims such as Mollie Dowler. The inquiry, whilst being deeply intrusive into the businesses practices and attitudes of the press, highlighted the issue of newspapers breaching phone owners’ private lives, often not public figures. The phone hacking was an offence in itself under Regulation of Investigatory Powers Act 2000 (RIPA), and journalists such as Clive Goodman were arrested and sentenced to