Medias Freedom of Expression - Essay Example

Download file to see previous pages All indications are that balancing these competing rights in the UK appears to favor the right to a fair trial over the freedom of expression according to the media.   Essentially, there are strict rules and laws in the UK relative to the publicity of a trial and constraints on the media to preserve the integrity of the trial process.   Essentially, the UK attempts to ensure that all restrictions on media reporting are limited to preserve the integrity of the judicial process so that constraints on freedom of expression by the media are proportionate to the ends of justice.    This paper examines how the UK’s legislature and judiciary attempt to balance or more especially fail to balance the tensions that arise in the application of the principles embodied in both the right to a fair trial and freedom of expression via the media.  This paper will also evaluate why there is an imbalance in favor of the right to a fair trial.  To set the background to this study, this paper commences with a brief overview of the underlying principles of the right to a fair trial and freedom of expression.  This will be followed by an analysis of the legislative framework for balancing the tensions between the principles implicit in the right to a fair trial and freedom of expression.  The final part of this paper will provide an analysis of case studies demonstrative of why the law attempt to balance the right to a fair trial with the media’s right to freedom of expression.  In the final analysis, the legal framework for balancing these tensions is ultimately aimed at preventing a trial in the media and ensuring that the issue of guilt and innocence is determined in the courtroom, free of media influence and/or manipulation.     I. Overview of the Right to a Fair Trial and Freedom of Expression via the Media A. Freedom of Expression   By the UK’s Human Rights Act 1988, the European Convention on Human Rights (ECHR) was implemented and came into force in 2000.   Although Article 10(1) of ECHR provides for freedom of expression, Article 10(2) goes on to ensure that freedom of expression is not an absolute right. Specifically, Article 10(2) cautions that freedom of expression “carries with it other duties and responsibilities” and therefore: May be subject to such formalities, conditions, restrictions, or penalties as are prescribed by law and are necessary for a democratic society, in the interests of national security, territorial integrity, or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.  ...Download file to see next pages Read More