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 [...]
Archive for the ‘Media’ Category
Official secrets and the powerful disinfectant
Posted in Art. 10 | Freedom of Expression, Criminal, In the news, Media on September 19, 2011 | 5 Comments »
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 [...]
The revolution will be televised
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, In the news, Media, Technology on September 7, 2011 | 8 Comments »
The Justice Secretary Ken Clarke has announced that the ban on broadcasting in courts is to be lifted. Broadcasting will initially be allowed from the Court of Appeal, and the Government will “look to expand” to the Crown Court later. All changes “will be worked out in close consultation with the judiciary“. Broadcasting in court is [...]
Sun and Mail fined £15,000 for contempt of court
Posted in Art. 10 | Freedom of Expression, Case summaries, Criminal, In the news, Media on July 19, 2011 | 2 Comments »
Attorney General v Associated Newspapers Ltd & Anor [2011] EWHC 1894 (Admin) - Read judgment The High Court has handed down fines of £15,000 each and to Associated Newspapers and News Group Newspapers (NGN), owners of The Daily Mail and The Sun, for contempt of court. The companies will also have to pay £28,117.23 to [...]
Was it human rights wot won the phone hacking scandal?
Posted in Art. 8 | Right to Privacy/Family, Article 13 | Effective remedy, In the news, Media, tagged News of the World, phone hacking on July 12, 2011 | 8 Comments »
2011 may be remembered as the year of Article 8. The public may not realise it, but the two major news stories of this year have had at their core the 8th article of the European Convention on Human Rights, the right to privacy and family life. And without this controversial law, the phone-hacking scandal [...]
A phone hacking scandal refresher
Posted in In the news, Media on July 6, 2011 | 1 Comment »
The News of the World phone-hacking scandal has reignited over claims that phones belonging to the families of 7/7 bombing victims and murdered children such as Milly Dowler were hacked. The scandal has been rumbling on since 2007, but is again the main story in the news. The affair has been the subject of a [...]
More poor human rights reporting on Somali foreign criminals case
Posted in Art. 3 | Torture / Inhumane Treatment, European, Immigration/Extradition, In the news, Media, Poor reporting on June 30, 2011 |
In today’s Daily Express, Stephen Pollard has written an article entitled We must regain right to kick out foreign criminals. There is a lot wrong with the article, not least the misrepresentation – not for the first time, either – of a 2007 case involving the failed deportation of headmaster Philip Lawrence’s killer. Pollard is responding [...]
“Fags didn’t stop my foster mum caring for me”
Posted in Art. 10 | Freedom of Expression, In the news, Media on June 19, 2011 | 3 Comments »
Gaunt, R (ota) v. Ofcom [2011] EWCA Civ 692 read judgment No prizes for guessing which redtop hosted an article so titled. Its author, given his past, felt very strongly about Redbridge Council seeking to ban foster parents from smoking; hence his article dubbed them as “health and safety Nazis”. So he went on and interviewed a councillor [...]
News: Joshua Rozenberg Interviews Mr Justice Eady
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Defamation / Libel, In the news, Media on June 14, 2011 | 1 Comment »
The latest issue of the Index on Censorship magazine is entitled “Privacy is Dead! Long live privacy” and includes an interview with Mr Justice Eady, conducted by the veteran legal commentator Joshua Rozenberg entitled “Balancing Acts“. This is a rare example of an interview with a serving judge. It was conducted on 11 April 2011 – [...]
Facebook contempt trial begins tomorrow
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Media, Technology, tagged Facebook contempt on June 13, 2011 | 3 Comments »
Tomorrow sees the beginning of a contempt of court prosecution against a juror who allegedly communicated on the social networking site Facebook with a defendant who had already been acquitted. The co-editor of this blog, Angus McCullough QC, is representing the Attorney General in the case; he is not the writer of this post. Isabel McArdle has already [...]
Let’s talk about sex
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Defamation / Libel, In the news, Judges and Juries, Media on May 26, 2011 | 7 Comments »
In 1991 US band Salt-n-Pepa reached number 2 in the UK charts with Let’s Talk About Sex. It is difficult to imagine now, 20 years on, why such an inoffensive and gently educational song generated huge controversy. That difficulty highlights how much less prudish we are about sex now than we were then. Salt-n-Pepa talked [...]
Police may have duty to inform victims of phone hacking
Posted in Art. 8 | Right to Privacy/Family, Case comments, Criminal, Media, Police, tagged phone hacking on May 25, 2011 | 1 Comment »
Bryant & Ors, R (on the application of) v The Commissioner of Police of the Metropolis [2011] EWHC 1314 (Admin) (23 May 2011) – Read judgment The police may have a duty under article 8 of the European Convention on Human Rights (the right to privacy) to inform members of the public that their phone [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
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- Case law
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UKHRB on Twitter
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Analysis – Daily Mirror and The Sun in contempt over Jo Yeates murder case
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case comments, Defamation / Libel, Media, tagged contempt of court, Jefferies on July 29, 2011 | 1 Comment »
Her Majesty’s Attorney-General Claimant – and – (1) MGN Limited Defendants (2) News Group Newspapers Limited – Read judgment The High Court has found that the Daily Mirror and The Sun were in breach of the Contempt of Court Act 1981 (1981 Act) in relation to their reporting of the Jo Yeates murder case. The [...]
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