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R v Shayler
Held
Whilst the sections were a prima facie restriction on Shayler's right to freedom of expression, the restriction was prescribed by law and directed to the objectives specified in Article 10 (2) of the Convention. The question was whether the restriction was proportionate or not. As the ban under the Act was not absolute, but provided for disclosure with lawful authority provided the correct procedures were followed, sufficient and effective safeguards to satisfy Article 10 (2) of the Convention had been provided.