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Tag: Eloise le Santo

Case Law, South Africa: Democratic Alliance v ANC, Election text message was “comment” – Eloise le Santo

Nkandla-zuma(R)On 19 January 2015, the Constitutional Court of South Africa handed down judgment in the case of Democratic Alliance v African National Congress and Another ([2015] ZACC 1), a case concerning text text messages relating to President Jacob Zuma sent to over 1.5 million voters by the Democratic Alliance (DA) in the run up to the 2014 general elections. Continue reading

Over half a million Google URLs removal requests to date; the “Right to be Forgotten” in practice – Sara Mansoori and Eloise Le Santo

20140517_LDD001_0It is five months since the ruling in Google Spain v AEPD and Mario Costeja Gonzalez and, as of 13 November 2014, Google had received 166,396 requests for URL removals and has evaluated 562,376 URLs to decide whether to whether to remove them from its search engine. 21,470 of the requests have come from the UK relating to 72,195 URL removals. Continue reading

Case Law Australia, Monis v The Queen: Offensive communications and freedom of expression – Eloise Le Santo

untitledIn the case of Monis v The Queen ([2013] HCA 14) the High Court of Australia considered familiar issues concerning offensive communications and freedom of expression.  The defendant, Man Haron Monis, is alleged to have written letters to the families of soldiers killed in action in Afghanistan. While expressing sympathy to the families, the letters were critical of Australia’s involvement in Afghanistan and of the soldiers and the part they had played in the war, referring to the soldiers in ‘a denigrating and derogatory fashion’. Continue reading

Trimingham appeal raises important questions about Leveson and press harassment – Eloise Le Santo

TriminghamIn March 2013 Carina Trimingham’s appeal in her claim against Associated Newspapers for harassment, misuse of private information and breach of copyright will be heard by the Court of Appeal. The High Court case and permission to appeal has already been covered by this blog, however this case also raises interesting points in light of the Leveson Report. Continue reading

Case Law: Faber v Hungary, Restriction on the display of flag during demonstration was a breach of Article 10 – Eloise le Santo

The European Court of Human Rights has held in a judgment handed down on 24 July 2012 that the display of a flag with ‘controversial historical connotations’ was protected under Article 10. The applicant had been displaying the controversial Árpád striped flag, which has links to fascism and the Arrow Cross Regime, in Budapest on a day that the Hungarian Socialist Party (MSZP) was holding a demonstration against racism and hatred. Continue reading

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