Keynote speech by Lord Neuberger at 5 RB Conference on the Internet, 30 September 2014
The President of the Supreme Court has delivered a very interesting address on the protections that should be afforded to what might be termed the “new Fourth Estate” – journalism on the internet. The following summary does not do justice to his speech but is meant to act as a taster – download the full text of his talk here.
Lord Neuberger explores the interrelationship of privacy and freedom of expression, particularly in the light of developments in IT, and especially the internet. He recalls a colourful eighteenth century figure who contributed a series of letters to a widely disseminated journal under the pseudonym of “Junius”. He managed to make such effective attacks on public figures he brought about the resignation of the Prime Minister, the Duke of Grafton, in 1770. Because of his anonymity this character was able to make criticisms of the powerful for which others of his time faced prosecution.
Junius offered a voice of firm if sometimes scurrilous criticism, prompting both political and legal change. He is rightly remembered as one of the greatest political writers in an age dominated by great figures, yet his identity [still] remains a mystery.
And it is this lack of traceability that links Junius with today’s bloggers. Print journalists are – with the exception of writers for The Economist – known figures. But forty percent of the world’s population use the internet, and despite initial expectations that bloggers and tweeters could hide behind pseudonyms, it has turned out to be extremely difficult for internet writers to maintain their anonymity. The public and the courts increasingly recognise the press’ interest in publishing the names of individuals in appropriate circumstances. Continue reading
Eagle-eyed readers may have spotted that I have added an ‘Upcoming Events’ list to the right sidebar, underneath the ‘Recommended’ and ‘Case Law’ links.
If you would like events added to this list, email me. Please only send events which (i) have their own webpage which can be linked to, and (ii) are relevant to topics covered by the blog. This is (as with everything on the blog) a free service. There are currently two exciting events featured, an audience with Mr Justice Rabinder Singh at the LSE and a JUSTICE event about online law.
Whilst I am here, if you didn’t already know, the ‘Recommended’ list of links are all links to external sources which I update a few times daily with up-to-the minute human rights news. These links, which can also all be found here (I use a service called Delicious – there have been over 3,000 since the blog launched), are then fed magically into the weekly Human Rights Roundup. The upcoming events list will now be included in the weekly update too.
A short post to say that I was interviewed by Joshua Rozenberg for today’s Law in Action programme on BBC Radio 4. I was debating, with Nadine Dorries MP, a recent series of criminal prosecution (see my post from last week) brought against social media users. The debate centred on the implications for freedom of speech as protected by Article 10 of the European Convention on Human Rights.
The full programme can be listened to here (UK only, I think) – the social media section is from around 20 minutes in. You may have guessed from my post as well as this interview that I think the current state of the law under the Communications Act 2003 is causing very significant problems for freedom of expression.
Relatedly, I am chairing an interesting panel debate tomorrow (Wednesday) evening on this very topic. I understand the event is full but you can submit questions ahead of the event to or follow for live tweets @HumanRightsLawA ; #lawandtwittering
Enjoy the show, and be careful what you tweet.
Calver, R (on the application of) v The Adjudication Panel for Wales  EWHC 1172 (Admin) – Read judgment
The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts as “political speech” – even when the speech is sarcastic and mocking.
Lewis Malcolm Calver is a councillor on the Manorbier Community Council and Pembrokeshire County Council and the owner/writer of the at www.manorbier.com blog. These proceedings arose when Mr Calver was censured by the Standards Committee for Pembrokeshire County Council for comments or articles on his blog, which criticised the running of Manorbier Council.