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

10 02 2015

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. Read the rest of this entry »





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

14 11 2014

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. Read the rest of this entry »





Miranda: A worrying attack on public interest journalism – Eloise Le Santo

6 03 2014

David Miranda testifies before the investigative committee of the US Senate in Brasilia, 9 OctoberOn 20 February 2014 the High Court handed down the eagerly awaited judgment in the case of David Miranda v Secretary of State for the Home Department,  [2014] EWHC 255 (Admin).  The judgment is a disappointing one for journalism. Read the rest of this entry »





News: Inforrm congratulates contributors Eloise le Santo and Gervase de Wilde

21 10 2013

Eloise GervaseInforrm would like to congratulate two of its regular contributors, Eloise le Santo and Gervase de Wilde on being taken on as “tenants” after completing their training as barristers.  Eloise has joined Matrix and Gervase has joined 5RB. Read the rest of this entry »





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

28 03 2013

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’. Read the rest of this entry »





Hugh Grant, Hypocrisy and Press Misinformation (again) – Eloise le Santo

20 02 2013

Hugh GrantOn Sunday 17 February 2013 the “Daily Telegraph” published an article entitled, “Hugh Grant: Heres the latest on my private life. This disingenuous piece purports to highlight the supposed hypocrisy of Mr Grant, who is a board member of Hacked Off and campaigns against press intrusion, in announcing the birth of his son on twitter. The article says

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

21 01 2013

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. Read the rest of this entry »





Case Law, Canada (Human Rights Commission) v Warman: Hate speech and the Canadian Human Rights Commission – Eloise le Santo

9 11 2012

The case of Canada (Human Rights Commission) v. Warman, brought by the Canadian Human Rights Commission (CHRC), was a judicial review of a decision by the Canadian Human Rights Tribunal not to impose any penalty on Marc Lemire for breaching section 13 of the Canadian Human Rights Act 1985 (CHRA). Read the rest of this entry »





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

10 08 2012

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. Read the rest of this entry »