‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’
Law Commission, 26th March 2014
Source: www.lawcommission.justice.gov.uk
Supreme Court, 12th March 2014
‘The government is to launch a formal review of the law that makes it a crime not to pay the TV licence, following a campaign led by backbench Conservative MPs.’
The Guardian, 21st March 2014
Source: www.guardian.co.uk
‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’
Daily Telegraph, 18th May 2014
Source: www.telegraph.co.uk
‘As promised last week, this post contains a slightly fuller account of the Court of Appeal’s judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254. The history of the case is manifold and has been covered on this blog innumerable times (see: here, here and here). In essence, the Upper Tribunal held in a very lengthy judgment that some of the correspondence written by Prince Charles to various governmental departments ought to be disclosed in the public interest. The Attorney General then issued his statement of reasons under section 53 FOIA, which has the effect of vetoing the judicial decision. On any view, the veto is a highly unusual provision. The Divisional Court dismissed the judicial review of that veto. Mr Evans, a Guardian journalist, appealed.’
Panopticon, 18th March 2014
Source: www.panopticonblog.com
‘A proposal to end the criminal offence of failing to buy a TV licence is
being considered for inclusion in a bill before Parliament.’
BBC News, 18th March 2014
Source: www.bbc.co.uk
‘Despite the evident commercial value in the ‘image’ of modern sports personalities (indeed there are annual awards held by the BBC to identify the most noteworthy) there is no specific right to protect one’s image under English law. Relying on a cocktail of different causes of action and legal rights, English law offers some protections to a person whose ‘image’ is exploited for commercial reasons. The ingredients include: copyright and trademarks, the torts of defamation, breach of confidence, passing-off as well potentially through statutory rules ensuring data protection.’
Sports Law Bulletin from Blackstone Chambers, 7th March 2014
Source: www.sportslawbulletin.org
‘Plans to decriminalise the non-payment of the TV licence fee are being considered by government departments in a move designed to ease pressure on the courts, but which could have major repercussions for the BBC.’
The Guardian, 8th March 2014
Source: www.guardian.co.uk
‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’
Family Law Week, 4th March 2014
Source: www.familylawweek.co.uk
‘Nigel Farage’s party must be given the same coverage as the Tories, Labour and the Liberal Democrats in the run up to the European elections, the regulator says.’
Daily Telegraph, 4th March 2014
Source: www.telegraph.co.uk
‘This is the first part of a three-part article by Mary Lazarus, barrister of 42 Bedford Row, reviewing recent developments concerning reporting restriction orders and transparency in the family courts. In this first part Mary considers some procedural issues before concentrating on those cases involving clashes between the need for privacy and the desire to report issues of genuine public interest.’
Family Law Week, 27th February 2014
Source: www.familylawweek.co.uk
‘Sir Brian Leveson “pulled his punches” over evidence of “serious police corruption at the very highest level” because it was “too hot to handle”, according to a complaint that has been lodged with the judicial watchdog by a News of the World hacking victim.’
The Independent, 2nd March 2014
Source: www.independent.co.uk
‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’
UK Constitutional Law Association, 22nd February 2014
Source: www.ukconstitutionallaw.org
‘The Office of Communications had jurisdiction under section 316 of the Communications Act 2003 to impose conditions in broadcasting licences where the practices of licenceholders made it appropriate to impose such conditions to ensure fair and effective competition.’
WLR Daily, 17th February 2014
Source: www.iclr.co.uk
‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’
UK Human Rights Blog, 19th February 2014
Source: www.ukhumanrightsblog.com
‘The Court of Appeal has reinstated an order made by telecoms regulator Ofcom which required pay-TV operator BSkyB (Sky) to sell wholesale access to its sports channels to rival providers at a set price.’
OUT-LAW.com, 18th February 2014
Source: www.out-law.com
‘A TV advert for a “nude scanner” mobile phone app has been banned after it was shown during a prime-time show.’
BBC News, 19th February 2014
Source: www.bbc.co.uk
‘EastEnders has been cleared by the broadcasting watchdog over complaints about a Muslim character berating her father for dating a “white woman”.’
BBC News, 3rd February 2014
Source: www.bbc.co.uk
‘The seizure of journalists’ notebooks, photographs and digital files could be conducted in secret hearings, owing to a little-publicised clause in a government bill aimed at cutting red tape, media organisations have warned. Requests for notebooks, computer disks, photographs or videos must currently be made in open court and representatives of news groups can be present. But the clause – in the deregulation bill, which comes before the Commons on Monday – significantly alters the way courts consider so-called “production orders”, stripping out current safeguards.’
The Guardian, 31st January 2014
Source: www.guardian.co.uk
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