Assess of whether the English law sufficiently balances with the article 10 of the European convention on human rights
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Assess of whether the English law sufficiently balances with the article 10 of the European convention on human rights. The right of expression is very critical in any given state. It does not only induce national cohesion but also helps to build the country’s economy in one way or another. Embracing rights of expression in any nation show the level of maturity of democracy for the country (Griffin, 2008)
Every nation has an obligation to embrace and protect its citizens from the exploitation of these basic rights. Despite being allowed to enjoy these rights, the state should undertake regulations to ensure that citizens don’t misuse them. Article 10 of the conventional human rights provides that every citizen have the freedom to express their opinions to get and pass information to anyone without government interference. They can express themselves in different ways such as verbal communication, displays, or even through peaceful public protests and demonstration (Griffin, 2008). Some expression of opinions and information regarding political expression, artistic expression, and commercial expressions are some of the protected rights of expression.
Article 10, however, has parameters of the extent to which the rights should be enjoyed. The limits are a subject to law, necessity, and the validity of the opinions and information. The law may inhibit expression of information that may cause national insecurity, lead to disorder, impose immorality or even tarnish the name of an individual or an organization (Griffin, 2008)
The article outlines the rights as follows; 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. 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 national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Communication media is held accountable for any information that may be detrimental to the state (Robertson, 1983). They, therefore, ought to be very cautious not to disburse information that could lead to a violation of the article 10 of conventional human right requirements. To ensure conformity with the article, the broadcasting Medias should seek for legitimacy from the authority by acquiring of licenses for expressing any information (Robertson, 1983).
The European law has very various restrictions on the human right of expression. These limitations are accorded in different ways. The restriction is not only according to the way the information is presented but also how it is disbursed and the place it is exhibited (Robertson, 1983). The law also gives regulations on how the information is gathered. For example, it provides the formality of classification of the collected information.
In the recent past, the review of the law was done by Victoria who made an elaborate approach to the human right to freedom of expression. The new plan stipulated that: every individual has a right to express his or her opinion void of interference by the state (In Interdepartmental Centre on Human Rights, & Verlag Peter Lang, 2014). Every person has the freedom to seek information and disburse information of every kind either orally in writing or by any media preferred by him or her.
Initially, Obscenity law was established to prevent people from information that could corrupt the reader (In Interdepartmental Centre on Human Rights, & Verlag Peter Lang, 2014). The law restricted publication of the information that could deprive social values. There has been a change in the recent past of a law that recognizes obscene and indecency in a more limited perspective (Griffin, 2008). The law in that way allows the material to be published but gives a directory of who should view it. For example, they allow publishing of pornographic materials but restrict them to adults only.
The law outlines the criteria of how and what public institution displays to the citizens (Robertson, 1983). Public institutions have a significant role in the molding of the societal moral values. They, therefore, should be very selective on the type of information it should exhibit. Institutions moreover extend the understanding and tolerance to the information being dispersed to the public (Robertson, 1983). They should act as a tool of control to avoid tarnishing the reputation of other institutions.
There are different ways in which the erotic information can be eliminated. They include; hiding offensive portions, the total ban on such information or even cancellation of shows suspected to have erotic displays. Verification details should be accorded to sites where such information is published to ascertain that only adults have its access (Robertson, 1983). These confirmations include submitting of identity cards or other documents which ratify that the viewer is an adult.
The propensity to corrupt and erode the morality is not to be the ultimate test of all that obscene entitles. Rather, it will be crucial to give proves by providing evidence that the current standards of indecency have been violated (Griffin, 2008). The context of dispersing sometimes influence the legitimacy of the information. For example, some reproductive systems are shown to school children in a confined way. Moreover, in hospitals, such charts are also made available in places they can be accessed by everyone who visits the hospital.
In the determination of whether the information is indecent, some considerations should be put into the account. Firstly is the social standards of morality. For example, some information and ideas dispersed may conform to the societal way of living (In Interdepartmental Centre on Human Rights, & Verlag Peter Lang, 2014). Secondly is the educational importance of the information and finally the general character of the material, i.e., whether educational, medical or legal.
It is worth noting artistic merit is not, in itself, defense. It is just one of the factors to be taken into account in determining whether the material is indecent (In Interdepartmental Centre on Human Rights, & Verlag Peter Lang, 2014). There is no question that the communication could have artistic merit but still breach the morality.
In a nutshell, according to the assessment done from the above discussion, the European law on obscenity, indecency and blasphemy sufficiently balances with the objectives of article 10 of European convection of human rights. The only discrepancy occurs on the few extensions made by the European law on obscenity to ensure that the objectives suits everyone in the society despite of the age, marital status or even generational background.
References
Griffin, J. (2008). On human rights. Oxford: Oxford University Press.
In Interdepartmental Centre on Human Rights,, & Verlag Peter Lang. (2014). Italian yearbook of human rights: 2014.
Introduction : Studying European Ways of Law. (n.d.). European Ways of Law : Towards a European Sociology of Law. doi:10.5040/9781472564092.0006
Robertson, G. (1983). Obscenity and the Law in Practice. Law, Morality and Rights, 239-248. doi:10.1007/978-94-017-2049-6_13
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