9. You Can Say Anything You Want Because Of Freedom Of Speech
Freedom of speech, a right incorporated into freedom of expression (Article 10 of the HRA 1998) is a frequently cited yet equally frequently misunderstood concept. People think this means that they can say, or write, anything that they want- and to a certain extent this is true. Political, artistic and commercial expressions are all protected, and journalistic freedom and the ability to hold unpopular opinion is also commonly known (and used). However, there is also one lesser known thorn in the paw of all unpopular opinions that cross too far over the line of abuse: the Limitation section of Article 10. Article 10 is something known as a qualified right, as it carries with it obvious responsibilities and duties. This means that, unfortunately for all the bigots out there, their ill thought out typed Facebook rant can be stopped (and sometimes criminalized) if the following applies: The first requirement is that it is prescribed by law (i.e. that it does not break the 'rule of law' by making an entirely new law that you could not have possibly retroactively prepared for). Secondly, that it is both necessary and proportionate (which means there is a genuine reason to limit such an important Article, and that the state is not being too harsh in their method of limitation) and thirdly, if it pursues one of these legitimate aims, namely: 1.The interests of national security, territorial integrity or public safety;2. The prevention of disorder or crime;3. The protection of health or morals;4. The protection of the reputation or rights of others;5. The preventing of the disclosure of information received in confidence; or6. The maintaining of the authority and impartiality of the judiciary. Well, gosh darn it. I guess all the racists and bigots may just have to keep their opinions to themselves, then...