Philip Green Injunction: is anonymity for celebrities really worth the potential backlash? – Ashley Hurst and Alex Vakil

4 11 2018

The disclosure by Lord Hain in Parliament that Sir Philip Green was the individual who had obtained an anonymous privacy injunction against the Telegraph has once again cast doubt on the effectiveness of such injunctions against the press. Read the rest of this entry »





The Peter Hain Case: Parliamentary Privilege and Article IX of the Bill of Rights – Robert Craig

2 11 2018

Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one of the cardinal rules in Parliament that members should not interfere in ongoing legal proceedings and Hain did not wait until the end of the proceedings before breaching this injunction, even though the case had been scheduled for an early full hearing. He does not appear even to have read the court judgment he saw fit to overrule, effectively. Read the rest of this entry »





Why Lord Hain was wrong to disclose Sir Philip Green’s name – Tom Double

29 10 2018

Lord Hain’s decision to name Sir Philip Green in the House of Lords as the individual who obtained an interim-injunction against the Daily Telegraph has polarised opinion.  Read the rest of this entry »





Case Law, Strasbourg: Savva Terentyev v Russia, Conviction for inciting hatred against the police violated blogger’s freedom of expression – Dirk Voorhoof

11 10 2018

In Savva Terentyev v. Russia the ECtHR has applied a very high level of free speech-protection for aggressively insulting and hostile comments about police officers, published on a weblog. The ECtHR observes that some of the wording in the blog post was offensive, insulting and virulent, but it found that the (emotional and sarcastic) comments as a whole could not be seen as inciting to hatred or violence. Read the rest of this entry »





A Lord Chamberlain for the internet? Thanks, but no thanks – Graham Smith

10 10 2018

This summer marked the fiftieth anniversary of the Theatres Act 1968, the legislation that freed the theatres from the censorious hand of the Lord Chamberlain of Her Majesty’s Household. Thereafter theatres needed to concern themselves only with the general laws governing speech. In addition they were granted a public good defence to obscenity and immunity from common law offences against public morality. Read the rest of this entry »





Book: The Internet, Warts and All: Free Speech, Privacy and Truth – Paul Bernal

7 10 2018

My new book, the Internet, Warts and All was published in August. The subtitle – Free Speech, Privacy and Truth – gives and indication of its subject matter and scope: this is a wide-ranging, broad-brush book covering a great variety of different subjects, from some of the theoretical background to free speech, privacy and truth to specific subjects – there’s a chapter on surveillance, another on trolling, and one whose main subject is fake news. Read the rest of this entry »





Case Law, Strasbourg: Mariya Alekhina v. Russia, Pussy Riot, the right to protest and to criticise the President, and the Patriarch – Dirk Voorhoof

18 09 2018

In its judgment of 17 July 2018 the ECtHR has found various violations of the rights of the members of the feminist punk band Pussy Riot. The ECtHR found violations under Article 3 (prohibition of inhuman or degrading treatment), Article 5 § 3 (right to liberty and security) and 6 §§ 1 and 3 (c) ECHR (right to fair trial), in relation to the conditions of their transportation and detention in the courthouse, their pre-trial detention, the treatment during the court hearings (being exposed to public view in a glass dock surrounded by armed police), and restrictions to legal assistance. Read the rest of this entry »