Reasonable for protesters to call Iain Duncan Smith ‘Tory scum’, court rules – The Guardian

‘Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has ruled, in a rejection of an attempt to overturn their acquittal.’

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The Guardian, 21st November 2023

Source: www.theguardian.com

Just Stop Oil protesters’ jail terms potentially breach international law, UN expert says – The Guardian

‘Long sentences handed to two Just Stop Oil protesters for scaling the M25 bridge over the Thames are a potential breach of international law and risk silencing public concerns about the environment, a UN expert has said.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

News focus: Media Bill fails to address SLAPPs – Law Society’s Gazette

Posted November 13th, 2023 in bills, damages, defamation, freedom of expression, media, news, public interest by tracey

‘While the king’s speech pledged “legislation to protect public interest journalism”, a new Media Bill fails to address SLAPPs. This has sparked renewed calls to extend corrective measures beyond economic crime.’

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Law Society's Gazette, 10th November 2023

Source: www.lawgazette.co.uk

‘Designed to distress and deter’: the impact of Slapp lawsuits on journalists and free speech – The Guardian

Posted November 6th, 2023 in defamation, disclosure, freedom of expression, human rights, media, news, Russia by tracey

‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

IBA 2023: Bar chair floats ‘ingenious’ plan to curb SLAPPs – Law Society’s Gazette

Posted November 3rd, 2023 in barristers, damages, disclosure, freedom of expression, injunctions, news by tracey

‘The chair of the Bar Council today proposed what eminent media lawyer Mark Stephens CBE hailed as an “ingenious” new deterrent to strategic litigation against public participation (SLAPPs).’

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Law Society's Gazette, 2nd November 2023

Source: www.lawgazette.co.uk

UK government to introduce new rules to restrict ‘de-banking’ – OUT-LAW.com

‘The UK chancellor has announced new rules to restrict the practice of ‘de-banking’ amid reports that some banks may have closed customer accounts because of their political beliefs.’

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OUT-LAW.com, 25th October 2023

Source: www.pinsentmasons.com

Israel-Hamas war: what are the laws about protest in England and Wales? – The Guardian

‘Police have made dozens of arrests after protests across the UK against a bombing campaign and expected ground war in Gaza after the murderous attacks by Hamas in Israel.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

CPS prosecution guidance on protests and demonstrations in light of the Middle East conflict – Crown Prosecution Service

‘The CPS is aware that following the recent disturbing events in the Middle East, the public and many different communities may be concerned about protests or demonstrations. The CPS recognises that whilst in the main demonstrations and protests will be peaceful and lawful, there may be incidents of public disorder and it is possible that some individuals may commit criminal offences.’

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Crown Prosecution Service, 13th October 2023

Source: www.cps.gov.uk

No rule to stop Tory MP interviewing minister on GB News, says Ofcom boss – The Guardian

‘Ofcom’s chief executive has said there is nothing under current rules to stop GB News using the Conservative MP Lee Anderson to interview the Tory home secretary, Suella Braverman.’

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The Guardian, 28th September 2023

Source: www.theguardian.com

Trudi Warner reveals the dark secret of English courts: juries do have the right to follow their consciences – The Guardian

Posted September 27th, 2023 in climate change, criminal justice, demonstrations, freedom of expression, juries, news by sally

‘The solicitor general taking action against a climate protester who held up a sign outside court raises a vital issue for criminal justice.’

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The Guardian, 27th September 2023

Source: www.theguardian.com

Fears over right to protest after woman with sign at climate trial prosecuted – The Guardian

‘Civil liberty campaigners have warned that the prosecution of a woman for holding up a placard about the rights of jurors outside a court is part of the government’s increasing attacks on the right to protest.’

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The Guardian, 19th September 2023

Source: www.theguardian.com

Employment and “protected beliefs”: Higgs v Farmor’s School – Law & Religion UK

‘In Higgs v Farmor’s School [2023] EAT 89, Mrs Higgs worked as a pastoral administrator and work experience manager at Farmor’s School. Complaints were received about Facebook posts that she had made about relationship education in primary schools: in particular, she re-posted someone else’s post, heading it, “PLEASE READ THIS! THEY ARE BRAINWASHING OUR CHILDREN!” [5]. She also re-posted similar material. She accepted that her posts might have been seen by parents of pupils at Farmor’s School, though she pointed out that she had not mentioned the school itself [9].
She was suspended and, after a disciplinary investigation and an appeal, dismissed [16 & 17]. She took the school to an Employment Tribunal, arguing that her dismissal amounted either to direct discrimination because of her protected beliefs or to harassment relating to them.’

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Law & Religion UK, 20th June 2023

Source: lawandreligionuk.com

Curbing protest disruption – Law Society’s Gazette

‘As many will have seen in the media, environmental activist group Insulate Britain (IB) has carried out London protests in a manner deliberately designed to cause serious disruption. These protest tactics have included activists deliberately blocking highways by sitting down in the road, and often gluing themselves to its surface and/or locking themselves to each other to make their removal more time-consuming. IB has repeatedly stated that these protests will continue until its demands are met.’

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Law Society's Gazette, 16th June 2023

Source: www.lawgazette.co.uk

UK judges to be given powers to dismiss oppressive Slapps lawsuits at early stage – The Guardian

Posted June 13th, 2023 in amendments, bills, freedom of expression, news, public interest by sally

‘Oppressive lawsuits brought by wealthy individuals to evade scrutiny and intimidate critics are to be defined in English and Welsh law for the first time, as judges are handed powers to dismiss “Slapps” at an early stage.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

Eliza Bechtold: Recent Efforts to Regulate Expression by Conservatives in the UK and the US Highlight a Shift Toward Illiberalism – UK Constitutional Law Association

‘Conservative politicians in the UK and the US are making headlines for regulatory efforts targeting core free speech principles under the guise of protecting members of the public from harm. Four days prior to the coronation of King Charles III – a coincidence according to the UK government – the controversial Public Order Act 2023 (POA 2023), introduced by former Home Secretary Priti Patel, received royal assent. The application of the new law, in conjunction with the expansive powers granted to police under prior legislation, led to the controversial targeting and arrest of dozens of peaceful anti-monarchy protesters during the coronation proceedings. In the US, Republicans are responsible for a flurry of recent regulations censoring expression concerning sexual orientation, race, and other issues at the forefront of the so-called ‘culture war’ in public school classrooms and libraries across the country. These regulatory efforts highlight the increasingly illiberal posture of conservative parties in these countries, which undermines shared democratic values and reflects a broader shift toward the use of anti-democratic means to achieve political ends.’

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UK Constitutional Law Association, 1st June 2023

Source: ukconstitutionallaw.org

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

The Coronation, the Public Order Act 2023 and ‘Free Speech’ – Oxford Human Rights Hub

Posted May 11th, 2023 in demonstrations, freedom of expression, news, public order, royal family by sally

‘In recent years, a lot has been written about “the right to protest” and “the right to free speech” in the UK. Yet neither phrase appears in the latest Public Order Act, which became law on 2nd May 2023. The absence of those phrases is unsurprising. First, neither phrase is precise enough for legal drafting. Second, the Tory government behind the 2023 Act wishes to avoid these conceptual problems by painting a picture of protest movements gone wild. In this post, I consider the new Act amid reports of its use during the coronation. From this early case study, we see a dangerous illustration of what is yet to come.’

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Oxford Human Rights Hub, 9th May 2023

Source: ohrh.law.ox.ac.uk

GB News broke rules over Covid jab claims – Ofcom – BBC News

‘A GB News programme which broadcast claims that the Covid-19 vaccination programme amounted to “mass murder” has been found to have broken Ofcom rules.’

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BBC News, 9th May 2023

Source: www.bbc.co.uk

Misuse of private information in UK law – OUT-LAW.com

Posted May 10th, 2023 in data protection, freedom of expression, human rights, news, privacy by sally

‘Article 8 of the European Convention on Human Rights (‘the Convention’) protects a person’s right to “respect for his private and family life, his home and his correspondence”, while article 10 protects the right to freedom of expression.’

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OUT-LAW.com, 9th May 2023

Source: www.pinsentmasons.com

Ethics and access: striking the right balance – Bar Standards Board

‘What is an ethical lawyer? Should an ethical lawyer steer clear of certain clients on public interest grounds? And should the regulator police the profession’s choice of client?’

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Bar Standards Board, 28th April 2023

Source: www.barstandardsboard.org.uk