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<- Human Rights Act 1998: Remedial Action : Human Rights Act 1998: Derogations and Reservations ->

Other rights and proceedings

Safeguard for existing human rights.

11. A person's reliance on a Convention right does not restrict-

  1. any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
  2. his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9.

Freedom of expression.

12. -
(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-

  1. that the applicant has taken all practicable steps to notify the respondent; or
  2. 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-

  1. the extent to which-
    1. the material has, or is about to, become available to the public; or
    2. it is, or would be, in the public interest for the material to be published;
  2. any relevant privacy code.

(5) In this section-

"court" includes a tribunal; and "relief" includes any remedy or order (other than in criminal proceedings).

Freedom of thought, conscience and religion.

13. -
(1) If a court's determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right.

(2) In this section "court" includes a tribunal.


<- Human Rights Act 1998: Remedial Action : Human Rights Act 1998: Derogations and Reservations ->

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