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Leveson: Papers that hate human rights – except when it’s their rights

image1One of the more remarkable features of the “war on Leveson” waged by leading British papers has been their willingness to appeal to the European Convention on Human Rights. In the cases of several newspaper groups this is the most flagrant hypocrisy. They have consistently accused the Court of Human Rights of ignoring the will of a democratically elected parliament, but this is precisely what they want the court to do now in relation to the Leveson recommendations. Continue reading

Case Law, Strasbourg, Novaya Gazeta v Russia, libel claim by politician over corruption article, no violation of Article 10 – Hugh Tomlinson QC

novaia-gazeta-160The decision of the Court of Human Rights in Novaya Gazeta v Russia ([2013] ECHR 251) is an interesting reminder of the requirement of journalistic responsibility even in the context of public interest articles about politicians.  The case concerned a domestic libel judgment in favour of a Regional Governor based on an article containing a value judgment.  It was, nevertheless, held to have been justified under Article 10(2) as there was insufficient factual basis for the statement made.  The article had not been written responsibly. Continue reading

After Leveson – Stephen Sedley

stephen.sedleyThe Privy Council, which will now be responsible for issuing a royal charter setting up a panel to vet the independence of a new press regulator, started licensing books in 1538. In 1557 a royal charter gave the members of the Stationers’ Company a monopoly of printing. In 1588 the anti-episcopal Marprelate Tracts (one of whose authors, John Penry, was executed for publishing them) provoked a system of press licensing which survived in one form or another, though with diminishing effect, until the last decade of the 17th century. Continue reading

Protecting reputation: How the Data Protection Act is being used and abused – Ashley Hurst and Jack Gilbert

data-protectionIf Leveson’s proposals to erode the journalistic exemption under the Data Protection Act 1998 (“DPA”) materialise, libel claimants may have an extra string to their bow. But is the DPA already being used and abused by libel claimants? Ashley Hurst and Jack Gilbert discuss.

Amongst the many recommendations in Lord Justice Leveson’s 2,000-page report, his proposed changes to the UK data protection regime would include significantly scaling back the journalistic exemption currently afforded by section 32 of the DPA.  This exemption currently allows data controllers to collect and use personal data without the need to comply with the other provisions of the Act, on the basis that it is collected with a view to the publication of journalistic material and is in the public interest. Continue reading

News: Animal Defenders “political advertising” judgment to be handed down on 22 April 2013

Court of Human RightsOn 22 April 2013 the Grand Chamber of the Court of Human Rights will hand down judgment in the “political communication” case of Animal Defenders International v United Kingdom.  The case was heard over a year ago, on 7 March 2012.  The case concerns the ban on the broadcasting of political advertising in sections 319 and 321 of the Communications Act 2003 which the applicant contends is a violation of its Article 10 right to freedom of expression. Continue reading

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