Day: 17 January 2025

‘This comment considers the decision of the Divisional Court in DPP v Cobban, looking at the application of s 127 of the Communications Act 2003 and the compatibility with Articles 8 and 10 of the ECHR. The comment argues that the decision is significant in imposing a criminal restriction to uphold standards of propriety in relation to a closed conversation between consenting adults. The comment also questions whether the reach of the decision can be limited to a context that involves police officers. The decision points to the limited protection of expression rights and highlights the ongoing problems of s 127 in applying a standard of gross offence in a speech crime.’

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Journal of Media Law, 10th January 2025

Source: www.tandfonline.com

‘A 19-year-old who was part of a neo-Nazi satanist group has been jailed for six years for encouraging girls to die by suicide and self-harm, as well as possession of a document for terrorist purposes.’

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The Independent, 16th January 2025

Source: www.independent.co.uk

‘Privacy is regarded as a fundamental right that is protected in multiple and varying ways. This cannot be said for privacy of the dead. This article considers the importance of post-mortem privacy and reviews the law of privacy and post-mortem privacy in England and Wales including under the ECHR. It also considers medical confidentiality and whether common arguments that pertain to the dead (e.g. organ donation, burial, testamentary dispositions and posthumous copyright) lend support to post-mortem privacy arguments. This article introduces the concept of post-mortem privacy as envisioned by Harbinja and Edwards, and discusses whether the dead can be legal rights holders with a focus on the Interest Theory of rights. This allows for the discussion of post-mortem theories and harm. It concludes by supplementing Donnelly and McDonagh’s theories on ante-mortem anxiety and Davey’s theory on chilling effects with the jurisprudence of the ECHR to create a new legal right.’

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Journal of Media Law, 6th January 2025

Source: www.tandfonline.com

‘A violent and controlling “monster” who subjected his late partner, Kiena Dawes, to repeated assaults, bullying and belittling has been jailed for six and a half years.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

‘A woman who carried out a transphobic stabbing attack motivated by a “distorted notion of revenge” has been sentenced to more than eight years in youth detention.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

‘At the heart of the trial had been a complex legal question – can an abuser be held criminally responsible for the death of a victim who has taken their own life?’

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BBC News, 17th January 2025

Source: www.bbc.co.uk

‘Tackling the underrepresentation of black judges and improving accommodations for disabled judges will be the main areas of work on judicial diversity for 2025.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk

‘The father and stepmother of 10-year-old Sara Sharif are seeking permission to appeal against their sentences for her murder.’

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BBC News, 16th January 2025

Source: www.bbc.co.uk

‘Users accessing online pornography in the UK could soon be required to have their face scanned, under measures announced by Ofcom to stop children seeing the material.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

‘The Department for Work and Pensions (DWP) consultation into plans to cut billions in disability benefits has been ruled unlawful by the High Court for being “unfair and misleading”.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

‘Labour’s plan to push through £3bn of cuts to incapacity benefits has received a setback after a judge ruled an official consultation setting out the proposals was misleading and unlawful.’

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The Guardian, 16th January 2025

Source: www.theguardian.com

‘An aspiring human rights lawyer, Elianne Andam was described as an ‘amazing, beautiful girl’ by her friends and family before her tragic killing in Croydon, south London.’

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The Independent, 16th January 2025

Source: www.independent.co.uk

‘The Education Secretary, Bridget Phillipson, has promised that key provisions of the Higher Education (Freedom of Speech) Act 2023 will be brought into force, whilst “burdensome” provisions will be scrapped.’

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Local Government Lawyer, 16th January 2025

Source: www.localgovernmentlawyer.co.uk