Eliza Bechtold: Recent Efforts to Regulate Expression by Conservatives in the UK and the US Highlight a Shift Toward Illiberalism – UK Constitutional Law Association

‘Conservative politicians in the UK and the US are making headlines for regulatory efforts targeting core free speech principles under the guise of protecting members of the public from harm. Four days prior to the coronation of King Charles III – a coincidence according to the UK government – the controversial Public Order Act 2023 (POA 2023), introduced by former Home Secretary Priti Patel, received royal assent. The application of the new law, in conjunction with the expansive powers granted to police under prior legislation, led to the controversial targeting and arrest of dozens of peaceful anti-monarchy protesters during the coronation proceedings. In the US, Republicans are responsible for a flurry of recent regulations censoring expression concerning sexual orientation, race, and other issues at the forefront of the so-called ‘culture war’ in public school classrooms and libraries across the country. These regulatory efforts highlight the increasingly illiberal posture of conservative parties in these countries, which undermines shared democratic values and reflects a broader shift toward the use of anti-democratic means to achieve political ends.’

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UK Constitutional Law Association, 1st June 2023

Source: ukconstitutionallaw.org

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

The Coronation, the Public Order Act 2023 and ‘Free Speech’ – Oxford Human Rights Hub

Posted May 11th, 2023 in demonstrations, freedom of expression, news, public order, royal family by sally

‘In recent years, a lot has been written about “the right to protest” and “the right to free speech” in the UK. Yet neither phrase appears in the latest Public Order Act, which became law on 2nd May 2023. The absence of those phrases is unsurprising. First, neither phrase is precise enough for legal drafting. Second, the Tory government behind the 2023 Act wishes to avoid these conceptual problems by painting a picture of protest movements gone wild. In this post, I consider the new Act amid reports of its use during the coronation. From this early case study, we see a dangerous illustration of what is yet to come.’

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Oxford Human Rights Hub, 9th May 2023

Source: ohrh.law.ox.ac.uk

GB News broke rules over Covid jab claims – Ofcom – BBC News

‘A GB News programme which broadcast claims that the Covid-19 vaccination programme amounted to “mass murder” has been found to have broken Ofcom rules.’

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BBC News, 9th May 2023

Source: www.bbc.co.uk

Misuse of private information in UK law – OUT-LAW.com

Posted May 10th, 2023 in data protection, freedom of expression, human rights, news, privacy by sally

‘Article 8 of the European Convention on Human Rights (‘the Convention’) protects a person’s right to “respect for his private and family life, his home and his correspondence”, while article 10 protects the right to freedom of expression.’

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OUT-LAW.com, 9th May 2023

Source: www.pinsentmasons.com

Ethics and access: striking the right balance – Bar Standards Board

‘What is an ethical lawyer? Should an ethical lawyer steer clear of certain clients on public interest grounds? And should the regulator police the profession’s choice of client?’

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Bar Standards Board, 28th April 2023

Source: www.barstandardsboard.org.uk

New police powers to tackle slow-walking protests – BBC News

‘Police in England and Wales are to be given new powers to tackle “disruptive” slow walking used by protesters to block roads.’

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BBC News, 28th April 2023

Source: www.bbc.co.uk

Covid and Free Speech in the High Court – UK Human Rights Blog

Posted April 11th, 2023 in coronavirus, doctors, freedom of expression, news, vaccination by sally

‘On 5 April 2023 the High Court handed down judgment in Adil v General Medical Council [2023] EWHC 797 (Admin). The case examined the extent to which a professional regulator can interfere with the right to freedom of expression of an individual subject to its regulation, as well as the circumstances in which the Court should accept challenges to decisions made by regulators in the performance of their duties. It is the first case decided by the High Court concerning anti-vaccination statements made by a doctor in relation to the COVID-19 pandemic, and the actions of the General Medical Council (“GMC”) in response.’

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UK Human Rights Blog, 11th April 2023

Source: ukhumanrightsblog.com

Law firm unfairly dismissed “homophobic” secretary – Legal Futures

‘A law firm unfairly dismissed a legal secretary who made homophobic comments because of how it ran the disciplinary process, an employment tribunal has ruled.’

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Legal Futures, 23rd March 2023

Source: www.legalfutures.co.uk

‘Hostile, authoritarian’ UK downgraded in civic freedoms index – The Guardian

‘The UK has been downgraded in an annual global index of civic freedoms as a result of the government’s “increasingly authoritarian” drive to impose restrictive and punitive laws on public protests.’

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The Guardian, 16th March 2023

Source: www.theguardian.com

SLAPPs – defamation, privacy, public participation and reform – Mills & Reeve

‘SLAPPs – what are they? If you’ve asked yourself that question, it’s most likely a good thing. In this article we take a look at the impact of Strategic Lawsuits Against Public Participation (SLAPPs), which present an important issue within society, politics and the legal profession, particularly in a libel and privacy context.’

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Mills & Reeve, 14th March 2023

Source: www.mills-reeve.com

School chaplaincy, sermons on sexuality – and employment law: Randall – Law & Religion UK

‘Trent College is a co-educational, independent day and boarding school. It is an Anglican foundation and a registered charity [36]. Its articles of association provide that the “Objects for which the company is established are: The advancement of education of boys and girls in England, Wales or elsewhere in accordance with the Protestant and Evangelical principles of the Church of England”. The Revd Dr Bernard Randall, an Anglican priest, was employed as the College’s Chaplain. In May 2019, he delivered two sermons to the pupils about “competing ideologies” which led to his summary dismissal on 30 August 2019. On appeal, he was reinstated, subject to compliance with various management instructions. He was subsequently dismissed by reason of redundancy on 10 November 2020.’

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Law & Religion UK, 7th March 2023

Source: lawandreligionuk.com

Leeds preacher’s sentence for trans woman’s harassment quashed – BBC News

‘A Christian preacher who was found guilty of harassing a transgender woman by calling her a “man” and “gentleman” has had his conviction quashed.’

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BBC News, 9th March 2023

Source: www.bbc.co.uk

Court restrictions on climate protesters ‘deeply concerning’, say leading lawyers – The Guardian

‘Restrictions placed on non-violent climate protesters who have been tried in criminal courts were part of a “deeply concerning” “pincer movement” narrowing their rights to free expression, leading lawyers have told the Guardian.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Maths teacher accused of misgendering pupil on religious grounds – The Guardian

‘A maths teacher “failed to separate the teacher from the preacher” when he allegedly misgendered a transgender pupil repeatedly and inappropriately shared his religious beliefs in the classroom, a misconduct panel heard.’

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The Guardian, 27th February 2023

Source: www.theguardian.com

Public Order Bill: Peers defeat plans to curb protest disruption – BBC News

Posted February 8th, 2023 in bills, demonstrations, freedom of expression, human rights, news, police, public order by sally

‘The House of Lords has overturned plans to clamp down on protest marches that cause too much disruption.’

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BBC News, 7th February 2023

Source: www.bbc.co.uk

Ukraine war ‘opening eyes’ to need to reform England’s libel laws, says lawyer – The Guardian

Posted February 1st, 2023 in barristers, defamation, freedom of expression, media, news, Russia, Ukraine, war by sally

‘Russia’s invasion of Ukraine has helped “open eyes” to the idea of reforming England’s increasingly draconian libel and privacy laws, according to one of the country’s leading media advocates.’

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The Guardian, 31st January 2022

Source: www.theguardian.com

New plans to widen police powers for disruptive protests – BBC News

‘Police could be allowed to shut down protests before they cause serious disruption, under new government plans.’

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BBC News, 15th January 2023

Source: www.bbc.co.uk

Senior media figures call for law to stop oligarchs silencing UK journalists – The Guardian

Posted November 29th, 2022 in bills, freedom of expression, media, news, public interest by sally

‘A coalition of senior journalists and editors from across the political spectrum is calling on the justice secretary, Dominic Raab, to back a proposed law to tackle the global super-rich’s use of “abusive legal tactics to shut down investigations”.’

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The Guardian, 29th November 2022

Source: www.theguardian.com

Salting the Bird’s Tail? The Online Safety Bill -v- Musk’s Twitter – UK Human Rights Blog

Posted November 29th, 2022 in bills, freedom of expression, internet, news by sally

‘The Online Safety Bill approaches free speech from a different context. If “democratic functioning” covers one side of the “freedom of speech coin”, then the other-side is illustrated by the tragic death of Molly Russell. Molly was a teenager who died of self-harm following the negative effects of online content, a recent investigation has concluded. This is the perspective from which the Online Safety Bill seeks to impose obligations on social media sites to protect users from harmful content.’

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UK Human Rights Blog, 28th November 2022

Source: ukhumanrightsblog.com