[Edit]Freedom of expression and conscience

Main articles: Freedom of speech and Freedom of thought

Regarded as one of the most important human rights, the courts have stated that there is no difference between the protection offered by the common law, and that guaranteed by the European Convention on Human Rights.^[5] The freedom of expression of Members of Parliament is encouraged and guaranteed by parliamentary privilege.

The right can be restricted where it is justified in the public interest, for example where national security concerns prevail (see the case of Ponting) or where countervailing interests of privacy, public order or religious tolerance must take priority. In addition, the law may also require that in certain situations information is kept confidential or may place a restriction on its dissemination. This is the case of the confidentiality and defamation laws, as well as the offence of contempt of court. Television, radio and other broadcast media are also subject to legal regulation (see for example the Press Complaints Commission and Ofcom).

Freedom of conscience is related to the freedom of expression and allows an individual to hold certain views without fear of persecution, it also includes the freedom of religion.

[Edit]Right to free assembly

Main article: Freedom of assembly

The right to free assembly is considered an aspect of the right to freedom of expression. Simply put by Lord Denning, "it is the right for everyone to meet and assemble with his fellows to discuss their affairs and to promote their views".^[6] However, as noted by Lord Bingham,^[7] the approach adopted by English law to this right has been "hesitant and negative, permitting that which was not prohibited". This can be seen in Dicey's "An Introduction to the Study of the Law of the Constitution" (1959) where he writes that "at no time has there in England been any proclamation of the right to liberty of thought or to freedom of speech", and that "it can hardly be said that our constitution knows of such a thing as any specific right of public meeting".^[8] Viewed in this light, the development of a right to free assembly can be seen as a relatively recent constitutional development largely brought on by the gradual growing influence of the European Convention on Human Rights on English law.

The exercise of the right to free assembly has been restricted by the common law as well as legislation. Thus, the criminal offence of breach of the peace is committed when harm is done to a person or his property, or there is a threat of harm, and that harm is caused by an "assault, affray, riot, unlawful assembly or other disturbance."^[9] Furthermore, the Public Order Act 1986 allows the police to place restrictions on public assemblies and the Public Order Act 1936 outlaws the wearing of political uniforms at a public meeting when they suggest an association with a political object. More recently, the Serious Organised Crime and Police Act 2005 introduced measures limiting the right to demonstrate in Parliament Square, and the Criminal Justice and Public Order Act 1994 gives the police powers to break-up certain public gatherings. It is, however, recognised that there is a right to picket (under the Trade Union and Labour Relations (Consolidation) Act 1992).