Archive for the 'freedom of expression' Category

Privacy law: what’s the way ahead? – The Guardian

“David Cameron says he is ‘uneasy’ about the development of a privacy law by judges based on the European Convention. How can we balance the right to publication with the right to privacy?”

Full story

The Guardian, 26th April 2011

Source: www.guardian.co.uk

Have super-injunctions killed the kiss’n’tell? – The Guardian

“For the best part of half a century, kiss’n’tell stories have been guaranteed sales-winners for popular newspapers. The earliest examples – Christine Keeler and Diana Dors spring to mind – were tame stuff compared with their modern equivalents.”

Full story

The Guardian, 20th April 2011

Source: www.guardian.co.uk

Freed man in court secrecy battle – Daily Telegraph

“A businessman cleared of rape was told by social workers that he could not live with his young daughter and was then banned from asking his MP for help.”

Full story

Daily Telegraph, 10th April 2011

Source: www.telegraph.co.uk

John Kampfner: The worrying rise of the rich man’s weapon of justice – The Independent

“Just when you think you are over the worst, the forces of secrecy bite back. No sooner had the Government published a draft Defamation Bill, going some way to reversing many of the most hideous aspects of Britain’s libel laws, than the judiciary set a dangerous new precedent.”

Full story

The Independent, 1st April 2011

Source: www.independent.co.uk

Superinjunction scores legal first for nameless financier in libel action – The Guardian

“A wealthy financier involved in a family dispute has made British legal history by winning anonymity in a libel case. This latest court attempt to censor internet material has led to claims that free speech is being further eroded in Britain.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Goldsmith wins high court orders – The Independent

“Tory MP Zac Goldsmith, his ex-wife Sheherazade and sister Jemima Khan have won High Court orders preventing the disclosure of private information, it emerged today.”

Full story

The Independent, 22nd March 2011

Source: www.independent.co.uk

Libel reform: government’s proposals – The Guardian

Read the draft defamation bill and consultation in full

The Guardian, 15th March 2011

Source: www.guardian.co.uk

Libel law reform announced – Ministry of Justice

“New measures to support free speech, enable people to protect their reputation and help stop the use of unreasonable threats of being sued for libel were announced today.”

Full story

Ministry of Justice, 15th March 2011

Source: www.justice.gov.uk

Defamation Bill intended to kill off ‘libel tourism’ – The Independent

“Major changes to Britain’s antiquated defamation laws will be outlined by ministers today with the publication of a bill to provide greater protection for free speech and an end to ‘libel tourism’.”

Full story

The Independent, 15th March 2011

Source: www.independent.co.uk

Sir Fred Goodwin, RBS chief, takes out gagging order – Daily Telegraph

“The existence of the injunction was revealed by John Hemming, a back-bench Liberal Democrat MP, during a business debate in the House of Commons yesterday morning. His comments are protected by parliamentary privilege, which means he cannot face court proceedings for revealing the injunction’s existence.”

Full story

Daily Telegraph, 11th March 2011

Source: www.telegraph.co.uk

Fresh bid to evict peace campaigner Brian Haw

“The mayor of London has returned to the High Court in a fresh bid to evict veteran peace campaigner Brian Haw from Parliament Square Gardens.”

Full story

The Independent, 28th February 2011

Source: www.independent.co.uk

Crisis of identity: why English law needs to protect our personalities – The Guardian

“Portrayals of real people in docudramas and novels have made millions for authors and film-makers. But what of their subjects?”

Full story

The Guardian, 23rd February 2011

Source: www.guardian.co.uk

Luton army parade protesters lose High Court appeal – BBC News

“Five Muslim men who disrupted a march by soldiers who had just returned from Afghanistan have lost an appeal against convictions for public order offences.”

Full story

BBC News, 16th February 2011

Source: www.bbc.co.uk

General Synod backs ban on clergy joining the BNP – Daily Telegraph

“The Church of England has backed draft legislation paving the way for a ban on clergy membership of the BNP – in spite of warnings about creating ‘martyrs’ to free speech.”

Full story

Daily Telegraph, 8th February 2011

Source: www.telegraph.co.uk

Essex dinner lady Carol Hill loses compensation bid – BBC News

“An Essex dinner lady, who was sacked after telling parents their daughter had been bullied, has lost her claim for compensation.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

JIH v News Group Newspapers Ltd – WLR Daily

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27

“Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant could be named but the nature of the information was not to be identified.”

WLR Daily, 1st February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Campbell libel ruling exposes ‘deeply flawed’ CFA system – Law Society’s Gazette

“Bumper success fees for lawyers in libel cases will soon be a thing of the past following last week’s ruling by the European Court of Human Rights (ECHR) in the Naomi Campbell case, solicitors predicted this week.”

Full story

Law Society’s Gazette, 27th January 2011

Source: www.lawgazette.co.uk

MI5 and MI6 secrecy move ‘threatens press freedoms’ – The Guardian

“Proposals by MI5 and MI6 to extend courtroom secrecy to civil trials would unfairly restrict the right of the media to act as the ‘eyes and ears’ of the public, the supreme court heard today (25 January).”

Full story

The Guardian, 25th January 2011

Source: www.guardian.co.uk

Koran-protest US pastor Terry Jones banned from UK – Daily Telegraph

“The American pastor who sparked a global controversy when he threatened to burn the Koran has been banned from entering Britain by the Home Office.”

Full story

Daily Telegraph, 19th January

Source: www.telegraph.co.uk

Max Mosley’s privacy claim reaches the European court of human rights – The Guardian

“Max Mosley will appear in court today in a final attempt to change the law on privacy, in a case that could have far-reaching implications for the UK’s media.”

Full story

The Guardian, 11th January 2011

Source: www.guardian.co.uk

Reform of libel laws set to open up the right of free speech – The Independent

“Sweeping changes to England’s much-criticised libel laws will be introduced, Nick Clegg will announce today.”

Full story

The Independent, 7th January 2011

Source: www.independent.co.uk

‘Bully claim’ Essex dinner lady was unfairly sacked – BBC News

“An Essex dinner lady sacked after telling a couple their child had been bullied was dismissed unfairly, a tribunal has ruled.”

Full story

BBC News, 6th January 2011

Source: www.bbc.co.uk

Max Mosley’s privacy campaign reaches Strasbourg – The Guardian

“Max Mosley, the former president of motorsport’s governing body the FIA and winner of a famous privacy victory over the News of the World, goes to the European court of human rights next week to seek a major restraint on press freedom.”

Full story

The Guardian, 4th January 2011

Source: www.guardian.co.uk

Online publishers and hosts launch libel reform campaign – OUT-LAW.com

“Internet publishers and ISPs have joined forces to ask the Government to reform libel laws to protect the free speech rights of bloggers and commenters and to strip host companies of liability for libellous statements.”

Full story

OUT-LAW.com, 22nd November 2010

Source: www.out-law.com

Donald v Ntuli – WLR Daily

Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291

“Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. Restrictions should be the least that could be imposed, consistent with the protection of a party’s right to respect for that party’s private and family life, and whether the continued anonymity was justified by the fact that there might be a significant risk of serious consequences to that right which might not be remediable.”

WLR Daily, 17th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Watkins v Woolas – WLR Daily

Watkins v Woolas [2010] EWHC 2702 (QB); [2010] WLR (D) 288

“S 106 of the Representation of the People Act 1983, which imposed the penalties for an election candidate found guilty of a corrupt or illegal practice, was compatible with the right to freedom of expression contained in art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The interference with the right to freedom of expression by s 106 and the penalties imposed for breach of that section were proportionate to the legitimate aim of the section.”

WLR Daily, 12th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court strips injunction celebrity of anonymity – OUT-LAW.com

“The High Court has ordered the identity of a celebrity to be revealed, though it has ordered that information about his private life must remain secret. The celebrity, known in the case as JIH, will be named if an appeal fails.”

Full story

OUT-LAW.com, 8th November 2010

Source: www.out-law.com

Attorney General: Contempt of Court: why it still matters – Attorney General’s Office

“The Attorney General, Dominic Grieve QC MP, has delivered the Criminal Bar Association’s Kalisher lecture entitled ‘Contempt of Court: why it still matters’.”

Full story

Attorney General’s Office, 12th October 2010

Source: www.attorneygeneral.gov.uk

Comedian wins legal battle to joke about divorce – Daily Telegraph

“A stand-up comedian is finally allowed to joke about his ex-wife on stage after winning a bitter legal dispute in which she tried to gag him.”

Full story

Daily Telegraph, 1st October 2010

Source: www.telegraph.co.uk

Clare Balding complaint over AA Gill column upheld – The Guardian

“Press watchdog censures writer over Sunday Times column in which he described TV presenter as a ‘dyke on a bike.’ ”

Full story

The Guardian, 17th September 2010

Source: www.guardian.co.uk

Libel challenges by actors and sport stars treble in year – Daily Telegraph

“Libel lawsuits brought by stars of showbusiness and sport have trebled in the past year, adding to fears over press freedom.”

Full story

Daily Telegraph, 3rd September 2010

Source: www.telegraph.co.uk

Parliament must clarify privacy law, legal experts demand – Daily Telegraph

“Privacy laws are being introduced by the back door due to a lack of Parliamentary guidance on the issue, legal experts warned yesterday after Colin Montgomerie became the latest celebrity to obtain an injunction over allegations about his private life.”

Full story

Daily Telegraph, 13th August 2010

Source: www.telegraph.co.uk

Celebrities use British laws regarded as toughest in the world – Daily Telegraph

“Britain’s defamation laws are so tough that it is regarded as an international centre for ‘libel tourism’.”

Full story

Daily Telegraph, 11th August 2010

Source: www.telegraph.co.uk

Libel law must be changed to protect free speech, Supreme Court hears – Daily Telegraph

“People should be free to criticise each other on the internet without fear of being sued, the Supreme Court heard yesterday in a test libel case which could could make it easier to rely on the fair comment defence.”

Full story

Daily Telegraph, 27th July 2010

Source: www.telegraph.co.uk

Regina (Gaunt) v Ofcom (Liberty intervening) – WLR Daily

Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180

“It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual content or justification, notwithstanding that the finding might inhibit the broadcaster’s unrestrained freedom to conduct similar interviews in the future.”

WLR Daily, 14th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jon Gaunt loses high court case over ‘gratuitous’ interview – The Guardian

“Radio presenter defeated in latest stage of legal battle with Ofcom over interview in which he described councillor as a ‘Nazi’.”

Full story

The Guardian, 13th July 2010

Source: www.guardian.co.uk

Britain’s ‘draconian’ libel laws to be reformed – Daily Telegraph

“A consultation will take place over the summer before legislation is put before Parliament early in the New Year. Lord McNally, the Justice Secretary, said that there was growing concern about the impact on freedom of expression of the current system.”

Full story

Daily Telegraph, 9th July 2010

Source: www.telegraph.co.uk

Libel case over ‘faked’ Channel 4 Jackson family documentary dropped – The Guardian

“Channel 4 has spent £1.7m defending a ‘vainglorious’ libel action over allegations it faked a documentary about Michael Jackson’s family moving to Devon.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.co.uk

Lord Steyn: Defamation and Privacy: momentum for substantive and procedural change? – The Guardian

“Read Lord Steyn’s Boydell lecture on defamation law and privacy in full.”

Full story

The Guardian, 27th May 2010

Source: www.guardian.co.uk

Press watchdog ‘not toothless’ over Stephen Gately case – BBC News

“The press watchdog has said it is not ‘toothless’ following its handling of a case surrounding the death of Boyzone singer Stephen Gately.”

Full story

BBC News, 19th May 2010

Source: www.bbc.co.uk

Government outlines plans on privacy and surveillance – OUT-LAW.com

“The new Conservative and Liberal Democrat coalition Government said that it will beef up freedom of information law and reduce the number of people whose details are held on the Government’s DNA database.”

Full story

OUT-LAW.com, 13th May 2010

Source: www.out-law.com

Media judges in the spotlight as Eady J’s future is thrown into doubt – The Lawyer

“Media law has become an intensely controversial area and the demand for reform is growing, with editors and politicians attempting to influence the debate.”

Full story

The Lawyer, 3rd May 2010

Source: www.thelawyer.com

Privacy & freedom of expression: a delicate balance – Speech by Lord Neuberger, Master of the Rolls

” Privacy & freedom of expression: a delicate balance – Speech by Lord Neuberger, Master of the Rolls, at Eton on 28th April 2010.”

Full speech

Judiciary of England and Wales, 29th April 2010

Source: www.judiciary.gov.uk

City lawyer ‘sacked for writing online erotic novel’ sues for £3.5m – Daily Telegraph

“A senior lawyer, Deidre Clark, sacked from a leading city firm after she wrote a sexually explicit online novel is suing her former employers for £3.5 million.”

Full story

Daily Telegraph, 26th April 2010

Source: www.telegraph.co.uk

Media: British Chiropractic Association v Dr Simon Singh – Law Society’s Gazette

“While the northern hemisphere is paralysed by the seismic shift that has caused the Icelandic volcano, Mt Eyjafjallajökull, to erupt, the case of the British Chiropractic Association (BCA) against Dr Simon Singh promises to have an equally seismic effect on the legal landscape of libel in the UK and the defence of fair comment – especially in the area of scientific debate.”

Full story

Law Society’s Gazette, 22nd April 2010

Source: www.lawgazette.co.uk

How many libel cases are there? – The Guardian

“As science writer Simon Singh wins his libel case, we look at how the numbers of proceedings have changed.”

Full story

The Guardian, 15th April 2010

Source: www.guardian.co.uk

British Chiropractic Association v Singh – WLR Daily

British Chiropractic Association v Singh [2010] EWCA Civ 350; [2010] WLR (D) 96

“A statement, made by a scientific journalist in a newspaper article, that there was ‘not a jot of evidence’ to support a professional body’s claims of certain medical benefits resulting from its members’ treatment of patients was not an assertion of fact but a statement of opinion.”

WLR Daily, 12th April 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Overhaul of libel laws ‘will have to wait’ – The Independent

“Plans to cut the profits of law firms who bring libel claims against the media have been dropped, MPs have been told. Jack Straw, the Justice Secretary, had promised an overhaul of Britain’s libel laws after a review found the rules had a ‘chilling effect’ on freedom of expression. Among the reforms was a draft law to reduce the fees charged by ‘no-win no-fee’ lawyers in defamation cases from 100 per cent to 10 per cent.”

Full story

The Independent, 8th April 2010

Soruce: www.independent.co.uk

Superinjunctions inquiry to start work next month – The Guardian

“Superinjunctions are to be examined by a powerful committee of judges and lawyers, it was announced today, after months of speculation about the impact of the legal restrictions on press freedom.”

Full story

The Guardian, 6th April 2010

Source: www.guardian.co.uk

Ministry of Justice orders legal review of superinjunctions – The Guardian

“A legal review of the use of superinjunctions to suppress media reporting has been ordered by the Ministry of Justice.”

Full story

The Guardian, 5th April 2010

Source: www.guardian.co.uk

Simon Singh wins libel court battle – The Guardian

“Science writer Simon Singh today won his court of appeal battle for the right to rely on the defence of fair comment in a libel action.”

Full story

The Guardian, 1st April 2010

Source: www.guardian.co.uk

Reform of libel laws will protect freedom of expression – Ministry of Justice

“Reforms of the law on libel will be taken forward in the next Parliament, Justice Secretary Jack Straw announced today.”

Full story

Ministry of Justice, 23rd March 2010

Source: www.justice.gov.uk

Jack Straw unveils plan to curb libel tourism – The Guardian

“Overseas claimants will be discouraged from launching libel cases in UK courts and a ‘public interest’ defence may be introduced to protect investigative journalism, under legal changes unveiled today.”

Full story

The Guardian, 24th March 2010

Source: www.guardian.co.uk

Reform of libel laws will protect freedom of expression – The Guardian

“Justice secretary Jack Straw explains why he is proposing a law to curtail ‘libel tourism’ and create a ‘public interest’ defence.”

Full story

The Guardian, 23rd March 2010

Source: www.guardian.co.uk

Tech chiefs attack digital economy bill – The Guardian

“Amendments made to the digital economy bill by the House of Lords threaten freedom of speech and will lead to British websites being blocked without due judicial process, the bosses of leading technology companies said today.”

Full story

The Guardian, 10th March 2010

Source: www.guardian.co.uk


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