Recommendation 41

It is not clear how the courts will interpret and apply the need to give “great weight” to free speech contained within clause 4. This is a similar requirement to the existing obligation in section 12 HRA to give particular regard to freedom of expression, which does not appear to have had any material impact on the balancing of Convention rights where Article 10 (freedom of expression) is engaged. The impact of clause 4(1) is therefore uncertain.