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CELE SQE1 模拟练习

Examination Timing: 00H00M43S

David, a retired member of the security service, recently disclosed documents to a national newspaper relating to national intelligence and security issues without permission. He was not authorised to disclose the information he possessed during his employment under the Official Secrets Act 1989. David is now charged with disclosing this information without permission. 

In his defence, he relies on his right to freedom of expression. Is David likely to succeed?

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David is unlikely to succeed because, while the right to freedom of expression is protected by statute under Article 10 of the European Convention on Human Rights (incorporated into domestic law by the Human Rights Act 1998), it is not absolute. The right can be restricted for reasons including national security, as provided by the Official Secrets Act 1989. This Act is the primary legal protection in the UK against espionage and unauthorised disclosure of information. In R v Shayler [2002] UKHL 11, the court held that restrictions on freedom of expression can be justified in the interests of national security.

Key Point: The right to freedom of expression is subject to limitations for the protection of national security, public safety, and other significant interests.



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