ABSTRACT
Freedom of expression is essential in a free and democratic society, and restrictions which inhibit criticism of public authorities, in particular, undermine the potential for scrutiny of offi cial action. For this reason, in Derbyshire County Council v Times Newspapers (1993), the House of Lords ruled that neither local nor central government had standing to sue for defamation. Lord Keith stated that ‘it is of the highest importance that a democratically elected governmental body . . . should be open to uninhibited public criticism’. 2
Freedom of Expression and the Human Rights Act In the United Kingdom, before the Human Rights Act 1998 there was no right to free speech but, in a negative way, there was a freedom of expression subject to the limitations imposed by law. Freedom of expression is now regulated under Article 10 of the European Convention on Human Rights, incorporated into domestic law under the Human Rights Act 1998. However, the right is limited by restrictions.
