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Tag: UK Human Rights Blog (Page 4 of 5)

Case Law: Merlin Entertainments v Cave, When does a righteous campaign shade into harassment? – Rosalind English

chessington_world_of_adventures_kobra2The case of Merlin Entertainments LPC v Peter Cave ([2014] EWHC 3036 (QB)) explores the extent to which a campaign of criticism, conducted by internet and email, can merit restraint by the civil courts. As the judge says, whatever the aims of the campaign in question, its supporters may, in the course of their activities, annoy, irritate, and upset companies and individuals.  But should the courts interfere, before the question whether the campaign is justified has been decided?  And to what extent is such a campaign a criminal offence? Continue reading

The Sun’s aggressive, then submissive, response to my complaint on its human rights reporting – Adam Wagner

Sun CorrectionThe Sun have printed another correction today in relation to its misleading human rights reporting. The correction, on page 2, can be read online or to the right of this post.

The correction was the outcome of a complaint I made about this article – I posted on it here. The main part of the correction relates to the entirely false claim that “The European Court stopped a British judge imposing a whole-life tariff on Ian McLoughlin”.  Continue reading

Case Law: R v Marines A to E, Reporting restrictions at courts martial, the need for a structured approach – Simon McKay

Royal-Marine-video-012Marines A & Ors v Guardian News & Media & Other Media [2013] EWCA Crim 2367.

On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Video evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. Continue reading

Case Law, Northern Ireland: J19 and J20 v Facebook Ireland, “Imprecise” injunctions against Facebook unenforceable – Rosalind English

FacebookIn the case of J19 and J20 v Facebook Ireland ([2013] NIQB 113) the High Court in Northern Ireland chose to depart from the “robust” Strasbourg approach to service providers and their liability for comments hosted on their sites. Such liability, said the judge, was not consonant with the EC Directive on E-Commerce. Continue reading

Case Law: R (London Christian Radio) v Radio Advertising Clearance Centre: When is an advert “political” for the purposes of a ban under the Communications Act? – Rosalind English

20090327_radio_microphone_18R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre & Secretary of State for Culture, Media and Sport [2013] EWCA Civ 1495The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant. Continue reading

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