and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the
prevention of 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.”
12.
HRA Section 12 provides:
“Freedom of expression.
(1)
This section applies if a court is considering
whether to grant any relief which, if granted, might
affect the exercise of the Convention right to freedom of
expression.
(2)
If the person against whom the application for
relief is made (“the respondent”) is neither present nor
represented, no such relief is to be granted unless the
court is satisfied a. that the applicant has taken all practicable
steps to notify the respondent; or
b. that there are compelling reasons why the
respondent should not be notified.
(3)
No such relief is to be granted so as to restrain
publication before trial unless the court is satisfied that
the applicant is likely to establish that publication
should not be allowed.
(4)
The court must have particular regard to the
importance of the Convention right to freedom of
expression and, where the proceedings relate to material
which the respondent claims, or which appears to the
court, to be journalistic, literary or artistic material (or
to conduct connected with such material), to Page 6
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