''Connolly v. DPP'' 007

is an

English criminal law English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in ...

case, in which the appellant sought to invoke the right to freedom of expression in the

Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...

, without the qualification to that right being held to outweigh the right in relation to obscene or offensive hate mail directed as part of a mainstream political campaign.

Facts

Veronica Connolly sent graphic images of aborted foetuses to pharmacies. She was a

Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...

who objected to the

morning-after pill Emergency contraception (EC) is a birth control measure, used after sexual intercourse to prevent pregnancy. There are different forms of EC. Emergency contraceptive pills (ECPs), sometimes simply referred to as emergency contraceptives (ECs), o ...

. She was prosecuted under the

Malicious Communications Act 1988 The Malicious Communications Act 1988 (MCA) is a British Act of Parliament that makes it illegal in England and Wales to "send or deliver letters or other articles for the purpose of causing distress or anxiety". It also applies to electronic com ...

. She held that the prosecution violated her right to

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

under Article 10 of the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...

. She was represented by Paul Diamond.

Judgment

Her appeal against conviction was dismissed. Under the Human Rights Act 1998, the restriction on her "freedom of expression" was justified because the images were grossly indecent and offensive. The restriction was for the protection of the rights of others, in accordance with the exception of Art.9 ECHR.see
'Rights case over foetus pictures'
''BBC'' (23.01.2007)

Notes

{{reflist, 2 English criminal case law Human rights in the United Kingdom High Court of Justice cases 2007 in England 2007 in United Kingdom case law

Facts

Judgment

See also

Notes