Thursday, January 9, 2020

Articles 8 And 10 Of The European Convention Of Human Rights

Articles 8 and 10 of the European convention of human rights and section 6 of the human rights act 1998 relate directly to both of the key issues throughout this problem question. These problems regard towards the publication of photographs containing Brad Pitts family and Dylan Davies attendance to a gamblers anonymous meeting. The right to the publication of photographs of Brad Pitts young family on holiday would mean Evan Evans would have to consider both articles 8 and 10 of the European convention of human rights . since these articles are qualified rights it is essential for them be balanced in order to determine the intent in which they may be lawfully and proportionately restricted. Article 10, the freedom of expression would be†¦show more content†¦Murray v Express Newspapers , a case similar to that of Wellers also saw the lack of consent being a major flaw with the published article however as stated before article 8 is a qualified right and was balanced with that of article 10 where it was found that there nothing embarrassing or publicly detrimental to their public appearance and therefore article 10 was granted allowing them to freely be able to publish the story. It has been found that a celebrities’ right to privacy is also highly debated since it is not illegal to photograph a celebrity as long as it does not harm their public appearance, it is found that if they are in the public eye then it is not considered their private life since this is the life they signed up to when they become a celebrity . Therefore, suggesting that since it wouldn’t be detrimental to the Pitt family and Mr Evans may have some rights when producing the article. 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