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 [...]
Archive for the ‘Media’ Category
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 | Leave a Comment »
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 | Comments Off
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 | Comments Off
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 [...]
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 [...]
Is the Official Secrets Act about to be used to gag journalism? – Obiter J
Posted in Art. 10 | Freedom of Expression, Criminal, Freedom of Information, In the news, Media, Police on September 18, 2011 | 7 Comments »
Updated |Nine years ago, in March 2002, Amanda “Milly” Dowler (aged 13) was on her way home from school. She was kidnapped and murdered and her body was found in September 2002. In June 2011, Levi Bellfield was convicted of her murder and sentenced to a “whole life” tariff. When Milly went missing, journalists of the News [...]
Opening up the family courts – Lucy Series
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Family, Freedom of Information, In the news, Media on September 14, 2011 | 5 Comments »
Last month the Ministry of Justice published a report of a pilot project that ran last year whereby participating family courts produced and published on Bailii written judgments of specified Children Act 1989 cases. The project had three main aims: to increase transparency and improve public understanding of the family justice system by publishing anonymised [...]
Telegraph wrong again on foreign deportation
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Immigration/Extradition, Media, Poor reporting on September 8, 2011 | 1 Comment »
In a recent speech about the August riots, the Prime Minister bemoaned the “twisting and misrepresenting of human rights”. Unfortunately, this practice is common in the press, sometimes by accident but often by design. One common accusation against the Human Rights Act is that it prevents the state deporting some foreign criminals. This is sometimes [...]
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Recommended- Murder, Terrorism - two important cases February 23, 2012
- High Court upholds University Fees Regulations February 23, 2012
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Gove urged to clarify position on anti-gay texts in schools - PinkNews.co.uk February 22, 2012
- BBC - Law in Action, Legal aid changes: long overdue reform or denial of justice? February 22, 2012
- KENNEDY V IC AND CHARITY COMMISSION: COURT OF APPEAL DECIDES February 22, 2012
- Legal Blogging, by former UKHRB contributor Melina Padron February 21, 2012
- Kate Malleson: Taking the politics out of judicial appointments? February 21, 2012
- Case law
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012) February 17, 20122 students fail in judicial review of tuition fee rises. Human rights (right to education under A2/P2) challenge failed outright; public law challenge failed despite finding that Sec of State "did not carry out the rigorous attention to" Public Sector Equality Duties
- Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012) February 15, 2012Supreme Court: BBC need not disclsoe Israel-Palestine coverage bias report as it falls under the "journalistic material" exemption to the Freedom of Information Act
- HARDY AND MAILE v. THE UNITED KINGDOM - 31965/07 [2012] ECHR 261 (14 February 2012) February 14, 2012Strasbourg Art 8 challenge to construction of liquefied natural gas terminals in Milford Haven harbour fails
- Milind Manohar Sanade, Damion Harrison and Conroy Maurice Walker -v- The Secretary of State for The Home Department - Upper Tribunal February 10, 2012Upper Tribunal guidelines decision on human rights exceptions to automatic deportations of immigrants with spouse and young children
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012
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- Recent posts
- Poor not singled out by rise in university fees, rules court February 22, 2012 Karwan Eskerie
- Crimes committed by victims of human trafficking – should they be prosecuted? February 22, 2012 Rosalind English
- Michael Gove’s full letter on homophobic teaching materials in schools February 22, 2012 Adam Wagner
- Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup February 20, 2012 Wessen Jazrawi
- Belgium bitten by Aarhus – again February 19, 2012 David Hart QC
- Is it legal to teach gay hate in schools? February 19, 2012 Adam Wagner
- Analysis | Court of Appeal upholds hotel gay discrimination ruling – Marina Wheeler February 19, 2012 1 Crown Office Row
- Former Top Judge hits back at current Top Judge February 17, 2012 Richard Mumford
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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 [...]
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