human rights act 1998 essay

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12 Discrimination Law and the Human Rights Act 1998

• Published: December 2001
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The Human Rights Act 1998 incorporates into British Law Article 14 of the European Convention on Human Rights (ECHR), which provides that ‘the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status’. Article 14 has been widely, and rightly, criticised for its parasitic nature, the ECHR containing no free-standing prohibition on discrimination. This chapter examines the implications of incorporation of Article 14 for discrimination law in the United Kingdom. Currently, statute regulates discrimination on grounds of sex (including gender reassignment); race; disability; and (in Northern Ireland alone) religion and political opinion. In addition, specific statutory prohibitions are imposed in relation to some forms of work-related discrimination on grounds of trade union membership, enforcement of employment rights, etc. Discrimination on grounds of political or other opinion, social origin, property, birth, or other status is not generally prohibited.

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Give your feedback to help us improve our website This is the new Equality and Human Rights Commission website

• Article 10: Freedom of expression

Published: 3 June 2021

Last updated: 3 June 2021

On this page

Article 10 protects your right to hold your own opinions, restrictions to the right to freedom of expression, using this right – example, what the law says, pages in this guide.

• The Human Rights Act
• Article 2: Right to life
• Article 3: Freedom from torture and inhuman or degrading treatment
• Article 4: Freedom from slavery and forced labour
• Article 5: Right to liberty and security
• Article 6: Right to a fair trial
• Article 7: No punishment without law
• Article 8: Respect for your private and family life
• Article 9: Freedom of thought, belief and religion
• Article 11: Freedom of assembly and association
• Article 12: Right to marry
• Article 14: Protection from discrimination
• Article 1 of the First Protocol: Protection of property
• Article 1 of Protocol 13: Abolition of the death penalty
• Article 2 of the First Protocol: Right to education
• Article 3 of the First Protocol: Right to free elections

What countries does this apply to?

Article 10 protects your right to hold your own opinions and to express them freely without government interference.

This includes the right to express your views aloud (for example through public protest and demonstrations) or through:

• published articles, books or leaflets
• television or radio broadcasting
• works of art
• the internet and social media

The law also protects your freedom to receive information from other people by, for example, being part of an audience or reading a magazine.

Although you have freedom of expression, you also have a duty to behave responsibly and to respect other people’s rights.

Public authorities may restrict this right if they can show that their action is lawful, necessary and proportionate in order to:

• protect national security, territorial integrity (the borders of the state) or public safety
• prevent disorder or crime
• protect health or morals
• protect the rights and reputations of other people
• prevent the disclosure of information received in confidence
• maintain the authority and impartiality of judges

An authority may be allowed to restrict your freedom of expression if, for example, you express views that encourage racial or religious hatred.

However, the relevant public authority must show that the restriction is ‘proportionate’, in other words that it is appropriate and no more than necessary to address the issue concerned.  

This right is particularly important for journalists and other people working in the media.

They must be free to criticise the government and our public institutions without fear of prosecution – this is a vital feature of a democratic society.

But that doesn't prevent the state from imposing restrictions on the media in order to protect other human rights, such as a person's right to respect for their private life .

Example case - Observer and The Guardian v United Kingdom [1991]

The Guardian and The Observer newspapers published excerpts from Peter Wright’s book Spycatcher, which included allegations that MI5 had acted unlawfully.

The government obtained a court order preventing the newspapers from printing further material until proceedings relating to a breach of confidence had finished.

But when the book was published, The Guardian complained that the continuation of the court order infringed the right to freedom of expression.

The European Court of Human Rights said that the court order was lawful because it was in the interests of national security.

However, it also said that that wasn't enough reason to continue the newspaper publication ban once the book had been published, because the information was no longer confidential anyway. 

This text is taken directly from the Human Rights Act .

Article 10 of the Human Rights Act: Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial 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.

Page updates

3 June 2021

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