ABSTRACT
COMMON LAW Attorney-General v Jonathan Cape (1976) Attorney-General failed to prevent publication of Crossman Cabinet diary
R v Home Secretary, ex parte Simms (2000) Home Secretary should not have gagged journalist
SCOTS CRIMINAL LAW Robertson v HM Advocate (2007) No freedom to appear naked in court
ARTICLE 10 CRITERIA
PRESCRIBED BY LAW Tolstoy v UK (1995) Awarded damages but not indemnity against excessive libel award
Hashman v UK (2000) A charge against public morals does not conform to Art 10
NECESSARY IN A DEMOCRATIC SOCIETY Animal Defenders v Culture Secretary (2008) Refusal to sanction political advert was upheld
PROTECTION OF MORALS Handyside v UK (1980) Confiscation of Little Red Schoolbook justified to protect morals
AUTHORITY AND IMPARTIALITY OF JUDGES The Sunday Times v UK (1979) Gag on paper to prevent exposure of drug scandal not justified
The Attorney-General applied for injunctions to prevent Jonathan Cape and the Sunday Times from publishing the late Richard Crossman’s Cabinet diaries from some 10 years previously. The Cabinet Secretary argued that the doctrine of collective responsibility would be harmed if confidential discussions could later be published.
