Human Right Law Coursework Example | Topics and Well Written Essays - 2000 words

Human Right Law - Coursework Example Nonetheless, it is illegal for a public authority to function against the Article 10 of ECHR. A court in UK will be regarded as a public authority for this purpose. Thus, judges in UK are under obligation to develop the common law in accordance with Convention rights as regards to right to the freedom of expression1. The issue is whether the Home Secretary of UK , can use her power under UK criminal- justice legislation to shut down UKPFs website before the videos can be published, and this can be considered as an abusive of Norman’s right of freedom of expression granted both under HRA ,1998 and under ECHR ,1950? Nonetheless, the UK government has an obligation to safeguard people from terrorists’ menace and in such cases, freedom of expression can be confined to safeguard national security and public order. The right to freedom of speech or expression is granted under Article 10 of ECHR, which is subject to some restrictions such as it can be restrained in the interest of a country’s national security or to maintain public safety or to safeguard territorial integrity. A UK court cannot grant an interim order prohibiting publication of a material under section 12 of the HRA unless it is fully pleased that the claimant is probable to demonstrate at full trial that such publication should not be permitted as held in Cream Holdings Ltd v. Banerjee, 2 and it should have specific attention to the significance of the right to the freedom of expression, the magnitude to which such publication is in the public interest and any particular privacy codes. Due to this fact, it has become arduous to get interim injunctions against the media3. However, UK courts can use their power to protect any religious feelings as held in Wingrove v UK4 where a ban on short film â€Å"Visions of Ecstasy† was sought under blasphemous. It was alleged that the short film was intended to portray the visions of St. Teresa of Avila, in a sexually explicit manner. The