Super injunctions, bad habits and secret justice [updated]
No more super injunctions? Lord Neuberger, the Master of the Rolls, provided an interesting discussion on so-called “super injunctions” in a speech on 28 April 2010. He said that “Where justice is...
View ArticleTwitter users “free to speak not what they ought to say, but what they feel”
Paul Chambers v DPP [2012] EWHC 2157 - Read judgment The famous ‘Twitter joke’ conviction of Paul Chambers has been overturned on appeal, bringing welcome clarity to what is and what is not an offence...
View ArticleSatirical insult of head of state should not be a criminal offence, rules...
Eon v France, no. 26118/10 14 March 2013- read judgment (in French only) The applicant, Hervé Eon, is a French national, a socialist and anti-GM activist living Laval (France). The case concerned his...
View ArticleInternet trolls and why Strasbourg doesn’t want to get involved
Delfi AS v Estonia (Application no. 64569/09) 10 October 2013 – read judgment This case concerned the liability of an Internet news portal for offensive comments that were posted by readers below one...
View ArticleWhen is an advert “political” for the purposes of a ban under the...
R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport...
View Article“Imprecise” injunctions against Facebook unenforceable, says NI judge
J19 and Another v Facebook Ireland [2013] NIQB 113 – read judgment The High Court in Northern Ireland has chosen to depart from the “robust” Strasbourg approach to service providers and their liability...
View ArticleAnti-fracking protesters’ Convention rights against private landowners
Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) – read judgment The High Court has ruled that Convention rights may be engaged in disputes between private landowners and...
View ArticleCritics of Islam prevented from entering UK to attend Lee Rigby rally
Geller and another, R (on the application of) v The Secretary of State for the Home Department [2015] EWCA Civ – read judgment This short case involves the old dilemma of public order law: whether it...
View ArticleStop Powers under the Terrorism Act 2000 incompatible with Article 10
David Miranda -v- Secretary of State for the Home Department [2016] EWCA Civ 6 – read judgment. On Tuesday the Court of Appeal handed down its judgment on David Miranda’s detention under the Terrorism...
View ArticleNI Judge acquits Pastor of “gross offence” against Muslims
DPP v McConnell [2016] NIMag (5 January 2016) Silence is the language of God, all else is poor translation. (Jalāl ad-Dīn Muhammad Rūmī , 13th Century Persian Islamic scholar and poet) These words were...
View ArticleSuper injunctions, bad habits and secret justice [updated]
No more super injunctions? Lord Neuberger, the Master of the Rolls, provided an interesting discussion on so-called “super injunctions” in a speech on 28 April 2010. He said that “Where justice is...
View ArticleCensorship or justified Concern?
IR(Ben-Dor & Ors) v The University of Southampton [2016] EWHC 953 (Admin) (read judgment) Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further...
View ArticleSuper injunctions, bad habits and secret justice [updated]
No more super injunctions? Lord Neuberger, the Master of the Rolls, provided an interesting discussion on so-called “super injunctions” in a speech on 28 April 2010. He said that “Where justice is...
View ArticleSuper injunctions, bad habits and secret justice [updated]
No more super injunctions? Lord Neuberger, the Master of the Rolls, provided an interesting discussion on so-called “super injunctions” in a speech on 28 April 2010. He said that “Where justice is...
View ArticleThe rising cost of free speech: Reynolds, contempt and Twitter
Free speech is under attack. Or so it seems. The last few weeks have been abuzz with stories to do with free speech: a Supreme Court ruling on the Reynolds defence to libel; contempt of court...
View ArticleSouth African Constitutional Court flexes its muscles on prior restraint
Print Media South Africa v Minister of Home Affairs ([2012] ZACC 22) – read judgment. In a “momentous” ruling on freedom of speech, the Constitutional Court has struck down a legislative provision on...
View ArticleExclusion of Iranian dissident lawful, says Court of Appeal
R (on the application of) Lord Carlile of Berriew and others v Secretary of State for the Home Department 20 March 2013 [2013] EWCA Civ 199 – read judgment Last year the Divisional Court upheld the...
View ArticleDavid Miranda challenge dismissed in High Court
David Miranda v Secretary of State for the Home Department, the Commissioner of Police for the Metropolis and three interveners [2014] EWHC 255 (Admin) – read judgment The High Court has rejected all...
View ArticleGovernment may weigh rights against national security without courts’...
R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 – read judgment The exclusion of a dissident...
View ArticleGermany’s federal court declares Facebook’s hate speech curbs to be in breach...
The Federal Court of Justice in Germany (the Bundesgerichtshof, or BGH) has ruled against the social network provider that deleted posts and suspended accounts amid allegations of “hate speech”. The...
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