with submissions relevant to the appeal, if permission was granted, and continued
the interim injunction pending the delivery of the present judgment.
The statutory provisions
11.
The appeal falls to be determined by reference to the Human Rights Act 1998
(“HRA”) and the ECHR rights scheduled to it. Those rights include articles 8 and
10, reading:
“Article 8
Right to respect for private and family life.
1.
Everyone has the right to respect for his private and
family life, his home and his correspondence.
2.
There shall be no interference by a public authority with
the exercise of this right except such as is in accordance with
the law and is necessary in a democratic society in the interests
of national security, public safety or the economic well-being
of the country, for the prevention of disorder or crime, for the
protection of health or morals, or for the protection of the rights
and freedoms of others.
Article 10
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
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