Prevent Duty Part 3: British Values, Human Rights and handling “due regard” duty in practice – Cloisters

‘In this third article Declan O’Dempsey looks at the concept of “British Values” in the context of the Prevent Duty. It appears in the definition of “extremism” in the Guidance. British values are mentioned in the Guidance. However only examples are given of what constitute British values. In a post Brexit discussion these values have taken on a more important aspect. To what extent is tolerance a British Value?’

Full story

Cloisters, 16th August 2016

Source: www.cloisters.com

Prevent Duty Part 4: Practical operation of a “due regard” duty: lessons from the Equality Act 2010 for the application of the Prevent Duty by universities – Cloisters

‘In his fourth article on Prevent Duty Declan O’Dempsey looks at the similarities between the Prevent Duty to have due regard and consider what the practical application of that duty to have due regard will look like in the light of the existing body of case law on the analogous s 149 of the Equality Act 2010.’

Full story

Cloisters, 22nd August 2016

Source: www.cloisters.com

Government sets out new measures to tackle extremism in prisons – Ministry of Justice

Posted August 25th, 2016 in freedom of expression, Islam, news, prison officers, prisons by sally

‘Extremists to be held in ‘specialist units’, a crackdown on extremist literature and tightened vetting of prison chaplains.’

Full story

Ministry of Justice, 22nd August 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

The Prevent Duty Part 2: Government Guidance and Practical Guidance – Cloisters

Posted August 25th, 2016 in crime prevention, equality, freedom of expression, news, terrorism, universities by sally

‘In this article I deal with the government issued guidance on the Prevent Duty under section 21 of the Counter-Terrorism and Security Act 2015 as it applies to universities.’

Full story

Cloisters, 2nd August 2016

Source: www.cloisters.com

Met to launch £1.7m troll-hunter squad after steep rise in online threats and abuse – Daily Telegraph

‘Scotland Yard has created a new unit to police Facebook and Twitter by investigating offensive comments.’

Full story

Daily Telegraph, 14th August 2016

Source: www.telegraph.co.uk

CA orders release of court judgment on Ellie Butler’s death – UK Human Rights Blog

‘C (a child) [2016] EWCA Civ 798. This is the most recent in the long series of legal steps touching on the violent career of Ben Butler, recently convicted of the murder of his daughter, Ellie.’

Full story

UK Human Rights Blog, 9th August 2016

Source: www.ukhumanrightsblog.com

What you’re reading should be no business of the police – but our freedom of expression is at risk – The Independent

‘Think carefully before you pack your holiday reading. As The Independent reported earlier this week, Faizah Shaheen was detained under Schedule 7 of the Terrorism Act last month after cabin crew on her Thomson Airways flight spotted her reading a book about Syria.’

Full story

The Independent, 7th August 2016

Source: www.independent.co.uk

The Human Rights Act helps us hold power to account. We must defend it – The Guardian

‘Protestors like John Catt are being monitored by the state without explanation – except that they ‘could be a victim’ of a future crime. What’s going on?’

Full story

The Guardian, 26th July 2016

Source: www.guardian.co.uk

Part 1: the Prevent Duty for Universities – Cloisters

‘In this article I deal with the basics of the legal framework for the Prevent Duty. The simplest way of thinking about the Prevent Duty is visualisation. Imagining that you are the character at which Dirty Harry is pointing his gun in that film while uttering the words: “You’ve got to ask yourself one question: “do I feel lucky?”… Well do you punk?” The government has attempted to shift the publicity and legal risks from itself to the universities by use of the Prevent Duty. On the face of it universities have a dilemma: how to have due regard to the need to prevent people being drawn into terrorism, whilst taking all reasonably practicable steps to ensure free speech and academic freedom.’

Full story

Cloisters, 26th July 2016

Source: www.cloisters.com

Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog

‘The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion. Exceptionally, the court went on to consider the modification of conduct issue in relation to imputed political opinion on an obiter basis, which gave rise to interesting analysis.’

Full story

UK Human Rights Blog, 22nd July 2016

Source: www.ukhumanrightsblog.com

Human rights group condemns Prevent anti-radicalisation strategy – The Guardian

‘The government’s Prevent strategy aimed at combating homegrown terrorism is stifling freedom of expression within the classroom and risks being counterproductive, a human rights report warns.’

Full story

The Guardian, 13th July 2016

Source: www.guardian.co.uk

How To Prevent Miscarriages Of Justice: Let Journalists Speak To Prisoners – RightsInfo

’17 years ago, the highest court in the UK declared that a policy prohibiting journalists from interviewing prisoners to uncover potential miscarriages of justice violated the right to free expression.’

Full story

RightsInfo, 8th July 2016

Source: www.rightsinfo.org

Councils defeat judicial review challenge to motions on Israeli settlements – Local Government Lawyer

‘Three councils have successfully defended a High Court judicial review challenge brought by Jewish Human Rights Watch (JHRW) over motions passed in relation to the authorities’ business dealings and Israeli settlements.’

Full story

Local Government Lawyer, 28th June 2016

Source: http://www.localgovernmentlawyer.co.uk/

Feminist pornographer wins right to reinstate sadomasochism website – The Guardian

Posted June 6th, 2016 in appeals, freedom of expression, internet, news, pornography by sally

‘A feminist pornographer has hailed a victory for freedom of expression after she won her appeal against an order that had forced her to take down a sadomasochism fetish website.’

Full story

The Guardian, 6th June 2016

Source: www.guardian.co.uk

Baroness Shields calls for united action in tackling online extremism – Home Office

‘Minister for Internet Safety and Security addresses audience at the Google Zeitgeist Conference.’

Full story

Home Office, 26th May 2016

Source: www.gov.uk/home-office

Free Speech Explained In 5 Human Rights Cases – RightsInfo

Posted June 2nd, 2016 in freedom of expression, human rights, judgments, news by sally

‘Freedom of speech, often called freedom of expression, is thought of by many as the cornerstone of a liberal democracy.’

Full story

RightsInfo, 26th May 2016

Source: www.rightsinfo.org

Examining the effectiveness of celebrity injunctions – Halsbury’s Law Exchange

‘Is the Supreme Court’s decision in PJS v NGN [2016] UKSC 26, [2016] All ER (D) 135 (May), as Lord Toulson suggests, out of touch with reality? Sara Mansoori, barrister at Matrix Chambers, considers the wider consequences of the case and suggests that even when information is in the public domain, the law of privacy can prevent repetition of that information where such repetition can cause unwarranted distress.’

Full story

Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexhange.co.uk

Censorship or justified Concern? – UK Human Rights Blog

‘Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. She held that the University had lawfully withdrawn its permission to hold the conference in April 2015, and refused permission to challenge the University’s subsequent decision to require the conference organisers to meet the conference’s security costs as a condition of allowing the conference to take place at a later date. The conference organisers had claimed that both decisions represented an unlawful interference with their Article 10 right to free expression and Article 11 right to free assembly.’

Full story

UK Human Rights Blog, 24th May 2016

Source: www.ukhumanrightsblog.com

Revealed: How copyright law is being misused to remove material from the internet – The Guardian

Posted May 23rd, 2016 in complaints, copyright, defamation, fraud, freedom of expression, internet, news by sally

‘Writing a bad review online has always run a small risk of opening yourself up to a defamation claim. But few would expect to be told that they had to delete their review or face a lawsuit over another part of the law: copyright infringement.’

Full story

The Guardian, 23rd May 2016

Source: www.guardian.co.uk

Using the courts to silence the press abuses our freedoms and makes our judges look foolish – Daily Telegraph

‘I recently wrote on these pages criticising celebrity injunctions taken out to gag English newspapers, even when the stories were freely reported in other countries. The expensive celebrity game reminded me, I wrote, of the Spycatcher farce and the series of trials during which Margaret Thatcher tried to prevent British newspapers from publishing extracts from Peter Wright’s MI5 memoir, despite the book being freely obtainable outside England.’

Full story

Daily Telegraph, 22nd May 2016

Source: www.telegraph.co.uk