Freedom of Expression and Freedom of Information: Part 1 The European Convention – Hugh Tomlinson QC

5 05 2010


In contrast to modern human rights instruments, the European Convention on Human Rights does not contain any express right to freedom of information.  This has often been identified as an important weakness in the Convention.  However, the position is changing: the Convention is a “living instrument” and recent case law suggests that, in accordance with international trends, the Convention may be evolving its own “right to freedom of information” as a fact of the right to freedom of expression in Article 10 of the Convention.  In the first part of this post we consider the position under Article 10.  The second part will deal with the trends in international law and other jurisdictions.  In the third part we will consider the present position in English law. Read the rest of this entry »