Last month I was asked to provide a witness statement to the Leveson Inquiry into Culture, Practice and Ethics of the Press. You can download the entire statement here, The questions in bold are those asked by the Inquiry in their request – read part 1 here. On similar topics, I also recommend the statements of Francis [...]
Archive for the ‘Media’ Category
My witness statement to the Leveson Inquiry – Part 2/2
Posted in Art. 10 | Freedom of Expression, In the news, Media, Technology on March 1, 2012 | 3 Comments »
My witness statement to the Leveson Inquiry – Part 1/2
Posted in Art. 10 | Freedom of Expression, In the news, Media on February 29, 2012 | 2 Comments »
Last month I was asked to provide a witness statement to the Leveson Inquiry into Culture, Practice and Ethics of the Press. Yesterday it was “read into evidence”, which means I can now publish it. You can download the entire statement here, and I have reproduced (what I think are) the interesting bits below and [...]
Supreme Court rules BBC need not reveal internal Israel-Palestine coverage report
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Media, tagged Balen Report, Freedom of Information Act 2000, israeli palestinian conflict, Sugar v BBC on February 15, 2012 |
Sugar (Deceased) (Represented by Fiona Paveley) (Appellant) v British Broadcasting Corporation (Respondent) [2012] UKSC 4 – Read judgment / press summary The Supreme Court has ruled unanimously that an internal BBC report into its coverage of the Israeli Palestinian conflict was “information held for the purposes of journalism, art or literature” and therefore need not be [...]
Times contempt challenge thrown out in Strasbourg
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Case summaries, European, Media, tagged contempt of court, contempt of court act on February 8, 2012 | 1 Comment »
Michael Alexander SECKERSON and TIMES NEWSPAPERS LIMITED against the UK Applications nos. 32844/10 and 33510/10 – Read decision / press release The European Court of Human Rights has rejected as “inadmissible” Times Newspaper’s challenge to its 2009 conviction for contempt of court. The decision, which was made by seven judges, is a good example of [...]
Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case summaries, European, Margin of Appreciation, Media, tagged axel springer, European Court of Human Rights, Freedom of Expression on February 7, 2012 | 1 Comment »
The media were successful in both the judgments handed down this morning by the Grand Chamber of the European Court of Human Rights. The judgments made it clear that the right to privacy has to be carefully balanced against contribution which a publication makes to a debate of general interest. In both cases, taking account [...]
Julian Assange: from the UK Supreme Court to The Simpsons
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Immigration/Extradition, In the news, Media, tagged Julian Assange, UK Supreme Court on February 1, 2012 | 5 Comments »
The Julian Assange circus rolls back into London today for the UK Supreme Court’s 2-day hearing of his appeal against extradition. It will be broadcast on Supreme Court live from 10:30am. The Wikileaks founder was granted permission in November 2011 to appeal to the Supreme Court under Section 32 of the Extradition Act 2003. If [...]
The princess and the actor: two important right to privacy rulings – Inforrm
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, European, In the news, Media, Public/Private, tagged axel springer ag, personality rights, princess caroline of monaco on January 31, 2012 |
The European Court of Human Rights has announced today that it will deliver two Grand Chamber judgments, in the cases of Axel Springer AG v Germanyand von Hannover v Germany (No.2) on 7 February 2012. The cases were both heard more than 15 months ago, on 13 October 2010. We had a post about the hearing at the time (and an earlier preview).Both [...]
R (Associated Newspapers) v Lord Justice Leveson: Challenge to Anonymity Ruling Dismissed
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Inquests and Inquiries, Media, tagged associated newspapers on January 22, 2012 |
Associated Newspapers Ltd, R (on the application of) v Rt Hon Lord Justice Leveson [2012] EWHC 57 – Read judgment On Friday 20 January 2012 the Administrative Court dismissed the second application for judicial review of the Leveson Inquiry. The Court dismissed an application by Associated Newspapers (supported by the Daily Telegraph) to quash the [...]
Strasbourg: L’enfant terrible
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, European, In the news, Media, tagged abu qatada, European Court of Human Rights on January 18, 2012 | 1 Comment »
A bit like news of a wayward celebrity, judgments from the European Court of Human Rights are now awaited with a mixture of trepidation and excitement. Whatever are those crazy unelected judges going to do next? Will this be the latest “Judgment day” for the enfant terrible of Strasbourg? Yesterday the court released three judgments [...]
Freemen of the dangerous nonsense
Posted in Media, Poor reporting on November 15, 2011 | 66 Comments »
Updated x 2 | Today, guardian.co.uk’s Comment is Free (CIF) was “taken over” by the Occupy London movement. This has led to two particularly worrying articles being published. Both purport to offer legal advice which, if followed, could lead you straight to prison. For that reason, Guardian CIF goes straight to the legal naughty step, where [...]
Leveson goes live
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Freedom of Information, In the news, Media, Technology, tagged Leveson Inquiry on November 14, 2011 | 4 Comments »
Updated |Today marks a minor landmark for open justice. For the first time, a public inquiry is being shown live over the internet. The Leveson Inquiry into Culture, Practices and Ethics of the Press has taken over Court 73 in the Royal Courts of Justice, so when Counsel to the Inquiry Robert Jay QC begins [...]
What the first #catgate appeal judgment actually says
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Immigration/Extradition, Media, Poor reporting, tagged #catgate on October 6, 2011 | 8 Comments »
Updated |I have been sent the first appeal judgment in the political frenzy which has been termed “Catgate”. I had promised myself not to do any more Catgate posts or use any more cute pictures of kittens, but I have now broken that promise. Having read the short, 6-page judgment dated 9 October 2008 by [...]
Ferdinand v MGN – a “Kiss n’ Tell” public interest defence succeeds – Lorna Skinner
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case comments, Defamation / Libel, Freedom of Information, Media, tagged Rio Ferdinand on October 2, 2011 | 2 Comments »
Ferdinand v Mgn Ltd (Rev 2) [2011] EWHC 2454 (QB) – Read judgment In the first “misuse of private information” trial against a newspaper since Max Mosley in 2008, Mr Justice Nicol dismissed a claim brough by England and Manchester United footballer Rio Ferdinand against the “Sunday Mirror”. The Judge found that, although the claimant’s [...]
Official secrets and the powerful disinfectant
Posted in Art. 10 | Freedom of Expression, Criminal, In the news, Media on September 19, 2011 | 5 Comments »
Updated x 2 |Following on from Obiter J’s guest post, when considering the Metropolitan Police Commissioner’s attempt to force a Guardian journalist to disclose her source, it is worth revisiting the seminal case of Shayler, R [2002] UKHL 11. The case, which arose shortly after the Human Rights Act came into force, shows how heavily [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 34 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
Disclaimer
Common-law open justice lets in the light; Strasbourg not the key
Posted in Art. 10 | Freedom of Expression, Case comments, Case law, Criminal, Freedom of Information, International, Media on April 10, 2012 | 4 Comments »
R (o.t.a Guardian Newspapers) v. City of Westminster Magistrates Court, USA as Interested Party, 3 April 2012, Court of Appeal: read judgment No, not a case about secret trials, but about the way in which newspapers can get hold of court papers in open oral hearings. And, as we shall see, it led to a [...]
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