M v Times Newspapers Ltd and others – WLR Daily

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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Wikipedia link to be hidden in Google under ‘right to be forgotten’ law – The Guardian

Posted August 4th, 2014 in freedom of expression, internet, news, privacy, statistics by sally

Google is set to restrict search terms to a link to a Wikipedia article, in the first request under Europe’s controversial new “right to be forgotten” legislation to affect the 110m-page encyclopaedia.

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The Guardian, 2nd August 2014

Source: www.guardian.co.uk

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The death of privacy – The Guardian

‘Google knows what you’re looking for. Facebook knows what you like. Sharing is the norm, and secrecy is out. But what is the psychological and cultural fallout from the end of privacy?’

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The Guardian, 3rd August 2014

Source: www.guardian.co.uk

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Google “Right to be forgotten” – freedom of expression v privacy – Halsbury’s Law Exchange

Posted July 21st, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’

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Halsbury’s Law Exchange, 17th July 2014

Source: www.halsburyslawexchange.co.uk

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Tory Human Rights Plans, Child Abuse Inquiry and the Burqa Ban – the Human Rights Roundup – UK Human Rights Blog

Posted July 17th, 2014 in bills, freedom of expression, human rights, inquiries, judges, news by tracey

‘This week, the role of Lady Butler-Sloss in the forthcoming inquiry into child abuse is challenged, while the government pushes for emergency legislation to monitor phone and internet records. Meanwhile, the European Court of Human Right upholds France’s niqab ban and the Tories get closer to announcing their plans for human rights reform.’

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UK Human Rights Blog, 17th July 2014

Source: www.ukhumanrightsblog.com

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Religion, the Rule of Law and Discrimination – Gresham College

‘This address will explore the development of the law’s approach at the intersection between, on the one hand, the manifestation of religious beliefs and, on the other, the protection and promotion of secular values.
It charts the shift from the historic protection of Christian orthodoxy, through the development of anti-discrimination legislation, to the recent domestic and European legislation and case law which have provided a coherent framework for the balancing of these rights consistent with the values of the Rule of Law.’

Transcript

Gresham College, 26th June 2014

Source: www.gresham.ac.uk

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France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation – UK Human Rights Blog

‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

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Is it right to jail someone for being offensive on Facebook or Twitter? – The Guardian

‘Jake Newsome was jailed last week for posting offensive comments online. His is the latest in a string of cases that have led to prison terms, raising concern that free speech may be under threat from over-zealous prosecutors.’

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The Guardian, 13th June 2014

Source: www.guardian.co.uk

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‘New press regulator will result in more false stories that victimise the weak’ – The Guardian

Posted June 2nd, 2014 in complaints, freedom of expression, inquiries, media, news by sally

‘The big newspaper groups are setting up their own industry watchdog, Ipso, but it will be a toothless creature loyal only to its keepers, not the public.’

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The Guardian, 31st May 2014

Source: www.guardian.co.uk

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Alexander Horne and Oonagh Gay: Ending the Hamilton Affair? – UK Constitutional Law Association

‘Article 9 of the Bill of Rights 1689 has been the subject of a variety of legal challenges. The Article, which provides (in modern parlance) that: “the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament” is usually considered to be a fundamental feature of the constitution and a cornerstone of parliamentary privilege.’

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UK Constitutional Law Association, 21st May 2014

Source: www.ukconstitutionallaw.org

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Here comes the judge – the maverick aiming to tame Britain’s raucous press – The Guardian

Posted May 16th, 2014 in complaints, freedom of expression, judges, media, news by sally

‘Lawyers and fellow judges have queued up to sing the praises of Sir Alan Moses, inaugural chair of the new press regulator.’

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The Guardian, 16th May 2014

Source: www.guardian.co.uk

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David Miranda allowed to appeal against ruling on Heathrow detention – The Guardian

‘David Miranda, partner of the former Guardian journalist Glenn Greenwald, has been granted permission to appeal against a ruling that he was lawfully detained under counter-terrorism powers at Heathrow airport. The case – which also involves a challenge to the police seizure of computer material related to the US National Security Agency (NSA) contractor Edward Snowden – will now go to the court of appeal.’

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The Guardian, 15th May 2014

Source: www.guardian.co.uk

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Legal complaint filed against GCHQ ‘hacking’ – BBC News

‘Privacy campaigners are seeking to stop GCHQ using “unlawful hacking” to help its surveillance efforts.’

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BBC News, 13th May 2014

Source: www.bbc.co.uk

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Google ruling, Pfizer boss grilled and World Cup ‘Rio-bocops’ – BBC News

Posted May 14th, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘There are mixed reactions in the press to a ruling by European judges over what has been dubbed the “right to be forgotten” on the internet.’

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BBC News, 14th May 2014

Source: www.bbc.co.uk

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A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

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Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

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UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

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Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association

‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’

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UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

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Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

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BBC News, 16th April 2014

Source: www.bbc.co.uk

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The Defamation Act 2013: reflections and reforms – OUP Blog

Posted April 14th, 2014 in anonymity, defamation, freedom of expression, internet, media, news by sally

‘How can a society balance both the freedom of expression, including the freedom of the press, with the individual’s right to reputation? Defamation law seeks to address precisely this delicate equation. Especially in the age of the internet, where it is possible to publish immediately and anonymously, these concerns have become even more pressing and complex. The Defamation Act 2013 has introduced some of the most important changes to this area in recent times, including the defence for honest opinion, new internet-specific reforms protecting internet publishers, and attempts to curb an industry of “libel tourism” in the U.K.’

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OUP Blog, 14th April 2014

Source: www.blog.oup.com

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Colin Kazim-Richards guilty of homophobic gesture at Brighton fans – The Guardian

Posted April 10th, 2014 in costs, fines, freedom of expression, homosexuality, news, obesity, sport by sally

‘The former Premier League footballer Colin Kazim-Richards was found guilty in a landmark case on Wednesday of making an “utterly disgusting” homophobic gesture at Brighton and Hove Albion fans during a football match last year.’

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The Guardian, 9th April 2014

Source: www.guardian.co.uk

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