Australia needs a Media Freedom Act. Here’s how it could work – Rebecca Ananian-Welsh

23 10 2019

Australians picked up their morning papers yesterday to find heavily blacked-out text instead of front-page headlines. This bold statement was instigated by the “Your Right to Know” campaign, an unlikely coalition of Australian media organisations fighting for press freedom and source protection. Read the rest of this entry »





How freedom of expression in academia is under threat from academics themselves – Steven Greer

20 10 2019

Freedom of expression has long been extolled by those who love freedom generally. As George Orwell once said: “If liberty means anything at all, it means the right to tell people what they do not want to hear.” And, according to the European Court of Human Rights, this includes offending, shocking and disturbing. Read the rest of this entry »





Case Law, Strasbourg: Gürbüz and Bayar v. Turkey, Dangerous “triple pirouette” to find criminal prosecution for media coverage of PKK statements did not violate Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

17 10 2019

The European Court’s Second Section recently found that criminal proceedings against the owner and the editor of a newspaper for having published statements by the leader of a terrorist organisation were justified and did not violate the right to freedom of expression. Read the rest of this entry »





Ben Stokes, The Sun and the notion of responsible journalism – Peter Coe

26 09 2019

On 17 September 2019, The Sun published a story about the England cricketer Ben Stokes and his family. This featured on the front page of its print edition and is available online under the headline ‘STOKES’ SECRET TRAGEDY Ashes hero Ben Stokes’ brother and sister were killed by his mum’s jealous ex, three years before England star’s birth.Read the rest of this entry »





Ben Stokes v The Sun: gross intrusion or simple reportage? How media privacy law works – Rebecca Moosavian

23 09 2019

When Ben Stokes celebrated his part in the England cricket team’s World Cup triumph, followed by his incredible match-winning innings during the Ashes, dubbed the “greatest ever”, he could not have anticipated that heightened interest in him would lead to the later unwelcome unearthing of an old family secret. Read the rest of this entry »





Case Law: Dulgheriu v The London Borough of Ealing, The line between legitimate protest and anti-social behaviour – Rosalind English

2 09 2019

Public order cases involving protests have always sparked controversy, with the collision between the state’s responsibility to ensure the smooth running of civil society and the individual citizen’s right to draw attention to what they regard as a pressing moral concern. Read the rest of this entry »





Tackling hate speech: Intersecting approaches and the Raheem Stirling case – Suneet Sharma

24 08 2019

The case of footballer Raheem Stirling provides an avenue into the oft-overlooked issue of hate speech prevention and deterrence. The Stirling case provides an opportunity to consider the adequacy of English law in tackling hate speech, a nuanced and increasingly difficult to isolate issue. Read the rest of this entry »





Case Law, Strasbourg: Brzeziński v. Poland: Fine over ‘false’ information during election campaign violated Article 10 – Ronan Ó Fathaigh

16 08 2019

On 25 July 2019, the European Court of Human Rights delivered an important judgment in Brzeziński v. Poland, (available only in French) concerning a provision in Poland’s election law which allows a court, within 24 hours, to consider whether ‘untrue information’ has been published, and to issue an order prohibiting its further distribution. Read the rest of this entry »





Australia: Will the High Court ruling on public servant’s tweets have a ‘powerful chill’ on free speech? – Anthony Forsyth

10 08 2019

The Israel Folau termination case has dominated headlines for months now. Many Australians have been intrigued by the extent to which employers like Rugby Australia are able to control the social media activity of their employees – in Folau’s case, a high-profile player who tweeted his condemnation of homosexuals and others. Read the rest of this entry »





Governments are making fake news a crime but it could stifle free speech – Alana Schetzer

21 07 2019

The rapid spread of fake news can influence millions of people, impacting elections and financial markets. A study on the impact of fake news on the 2016 US presidential election, for instance, has found that fake news stories about Hillary Clinton was “very strongly linked” to the defection of voters who supported Barack Obama in the previous election. Read the rest of this entry »