Source · Select Committees · Human Rights (Joint Committee)
Recommendation 50
50
Paragraph: 215
If the Government creates a strong presumption in favour of freedom of expression in primary...
Conclusion
If the Government creates a strong presumption in favour of freedom of expression in primary legislation, this may undermine the balancing exercise which the courts currently undertake when there are competing rights engaged. If the UK falls short in the balancing exercise between two rights which enjoy equal protection under the Convention, the methodology applied by the Court may lead it to find a procedural violation.
Paragraph Reference:
215
Government Response
A response document is linked to this report, dated 14 July 2022. Response attribution to this conclusion has not been verified. Read the response document ↗