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FREEDOM OF EXPRESSION ‘If liberty means anything at all it means the right to tell people what they do not want to hear’ George Orwell 1.

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Presentation on theme: "FREEDOM OF EXPRESSION ‘If liberty means anything at all it means the right to tell people what they do not want to hear’ George Orwell 1."— Presentation transcript:

1 FREEDOM OF EXPRESSION ‘If liberty means anything at all it means the right to tell people what they do not want to hear’ George Orwell 1

2 Freedom of expression is at the heart of everything we discuss Why is freedom of expression so highly prized? Why is it feared? Should the law restrict comment on certain issues? If so, what? 2

3 Some Justifications for Freedom of Expression Moral Autonomy Truth Participation in a democracy Human development 3

4 The Media and Freedom of Expression Should the media be treated as an individual? How strong is the influence of the media? Should the media have more duties and responsibilities than individuals? Would this depend on the material at issue? 4

5 Some protections for Freedom of Expression Human Rights Conventions/Human Rights Act/1 st Amendment to USA constitution - a balancing of rights? The ‘Open Justice’ Rule The Rule against prior restraint. Jury Trial 5

6 Government intervention Should a government interfere with freedom of speech? If so, when? ‘Spycatcher’ - injunctions DA Notices 6

7 Free speech continuum High value Political Speech Artistic Speech Commercial Speech Gossip/Celebrity news/comment Gratuitous Personal Attacks Pornography Low Value Hate Speech 7

8 Is this idea valid? Under this system ‘higher’ level speech is worthy of more protection ‘Lower’ level speech attracts less Works at Strasbourg Compare USA and 1 st Amendment 8


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