Which two articles from the ECHR are balanced under section 12 of the Human Rights Act 1998 when considering an injunction?

The correct pairing of articles from the European Convention on Human Rights (ECHR) in the context of considering an injunction under Section 12 of the Human Rights Act 1998 is Article 8 and Article 10.

Article 8 protects the right to respect for private and family life, home, and correspondence. This right is often invoked by individuals seeking to prevent unwanted disclosures or intrusions into their private life.

On the other hand, Article 10 guarantees the freedom of expression, which includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authority.

When considering an injunction, especially in cases involving media and press freedoms, courts must balance these two rights. A decision to grant an injunction to protect privacy must weigh the potential infringement on the media's freedom of expression. This balancing act is a fundamental aspect of ensuring that neither right is unduly compromised, and it reflects the complex nature of rights under the Human Rights Act.

Therefore, the interplay between Article 8 and Article 10 is crucial in legal considerations around privacy and free speech within the framework of UK law, particularly when evaluating the need for injunctions in cases where these rights may conflict.