This study forms part of a wider-ranging project which seeks to lay the groundwork for
comparisons between legal frameworks governing freedom of expression in different legal
systems.
The following pages will analyse, with reference to the United Kingdom and the subject at
hand, the legislation in force, the most relevant case law and the concept of freedom of
expression with its current and prospective limits, ending with some conclusions and
possible solutions for future challenges.
In the absence of formal constitutional protection for freedom of expression, the approach
of the UK is residual in nature. That is to say, the extent of a person’s freedom of expression
is what is left after statutory and common law (judge-made) incursions into the freedom.
Notwithstanding the passage of the Human Rights Act 1998, it remains the case that the UK
Parliament is free to modify and restrict freedom of expression.