Australia: Four laws that need urgent reform to protect both national security and press freedom – Denis Muller

21 06 2019

In a perfect world, Australia would introduce constitutional protections for freedom of the press. But since the chances of that are next to zero, it might be more productive to look instead at what might be done to make the existing web of secrecy laws less repressive. Read the rest of this entry »





Australia: To protect press freedom, we need more public outrage, and an overhaul of our laws – Peter Greste

9 06 2019

A few days ago, Waleed Aly asked a not-so-rhetorical question in The Sydney Morning Herald. He wondered how many Australians were worried about the fact that the Australian Federal Police had spent a good portion of last week raiding the offices and homes of journalists who’ve published stories clearly in the public interest. Read the rest of this entry »





The surprising post-election debate around online freedom of expression in Germany – Nora Kroeger

5 06 2019

One week before the EU elections, the German YouTuber Rezo published an almost hour-long video titled “The destruction of the CDU”. In the video, the influencer – who usually posts light-hearted apolitical content such as YouTube challenges – sets out a broad range of arguments why the disregard of scientific evidence and resulting incompetent policy-making by the German parties CDU, SPD (and also far-right AFD) should convince citizens to vote for other parties. Read the rest of this entry »





Case Law: ZXC v Bloomberg, Publication of investigation into businessman was a misuse of private information – Nathan Capone

3 06 2019

In the case of ZXC v Bloomberg LP ([2019] EWHC 970 (QB)) a businessman was awarded damages of £25,000 for misuse of private information after media organisation Bloomberg published an article citing confidential information obtained from a UK law enforcement agency which identified the businessman. Read the rest of this entry »





Birmingham City Council “anti-protest” injunction, some legal issues – Hugh Tomlinson QC

1 06 2019

On Friday 31 May 2019, the Vacation Judge, Moulder J granted Birmingham City Council a without notice injunction [pdf] to restrain “persons unknown” from organising protests against the teaching of equalities outside Anderton Park Primary School and making “offensive or abusive comments” on social media. Read the rest of this entry »





Case Law, Strasbourg: Prior restraint of campaigning for a peaceful but unauthorised demonstration violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

18 05 2019

On 30 April 2019, in Kablis v. Russia, the Third Section of the European Court of Human Rights (“ECtHR”) unanimously found that the blocking by Russian authorities of an activist’s social networking account and entries on his blog had breached his right to freedom of expression under Article 10 of the European Convention on Human Rights. Read the rest of this entry »





Case Law: Høiness v Norway, Refusal to impose liability for anonymous comments online did not breach Article 8 – Samuel Rowe

14 05 2019

In a judgment handed down on 19 March 2019 (Høiness v Norway, no 43624/14), the European Court of Human Rights (“ECtHR”) refused to impose liability on an Internet forum for anonymous comments that had been published on its site. Read the rest of this entry »





Case Law: Boyd v Ineos, “Persons unknown” injunctions against future protest action – Charlotte Gilmartin

23 04 2019

In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to freedom of assembly and freedom of expression and the protection of property rights. Read the rest of this entry »





On its 10th Anniversary, Here are 10 Reasons to be Concerned about the “Extreme” Pornography Law – Tara Beattie

10 02 2019

Last month saw in the tenth anniversary of the “Extreme” Pornography Possession Offence coming into force. This means that English and Welsh citizens could find themselves liable to a three-year spell in jail, and registered as a sex offender, for watching adult pornography in the privacy of their homes.  Read the rest of this entry »





Case Law, Strasbourg: Mătăsaru v Moldova, Activist’s conviction for hooliganism over ‘obscene’ protest violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

26 01 2019

On 15 January 2019, in Mătăsaru v. the Republic of Moldova ([2019] ECHR 35) the Court of Human Rights, Second Section unanimously found that an anti-corruption activist’s conviction for staging an “obscene” demonstration outside a prosecutor’s office, targeting a number of public officials, violated the activist’s freedom of expression. Read the rest of this entry »