News: “Secret Arrests” Opinion Poll: Public agrees with Leveson, ACPO and the Judges

There has, over recent, weeks been a substantial press campaign against so-called “secret arrests” with unanimous support for a policy of releasing the names of people who arrested, irrespective of whether or not they are charged with any offence.  ACPO, Lord Justice Leveson and the senior judges responding to the Law Commission have been condemned for supporting a policy of only releasing names in exceptional circumstances.

Reputation and Baroness Thatcher, Deceased – Dominic Crossley and Aimee Stevens

The death of Margaret Thatcher has generated acres of commentary and reaction across all kinds of media; from Twitter to newspaper front pages to placards and banners.  The reactions have been extreme both in praise and contempt.  The negative views of Baroness Thatcher and reactions to her death have been particularly eye-catching and right wing newspaper editorials in particular have portrayed them as being inappropriate and offensive. 

Case Law, Australia: Sands v South Australia, No tort for breach of privacy – Justin Castelan

In a trial that ran for 55 days late last year and concluding in February this year, the plaintiff, Derick John Sands, has lost his claim for defamation, as well as other claims including a breach of confidence and a breach of his right to privacy. Judgment was given on 5 April 2013 ([2013] SASC 44).

News: More on “secret arrests” – the Judges and the Sun

On 4 March 2013, a number of senior judges formally responded [pdf] to the Law Commission’s Consultation Paper 209 on Contempt of Court [pdf].   The response is, as might be expected, a careful and considered document sensitive to the right of freedom of expression, in for example, expressing concerns about suggested new powers to make “take down” orders.  It is, therefore, at first sight surprising that this document should feature in the Sun newspaper on two successive days.

Leveson, “secret arrests” and the rights of suspects: a question of balance – Hugh Tomlinson QC

The Mail on Sunday and the Daily Telegraph are alarmed about ‘secret arrests’ – which, as usual, they blame on Lord Justice Leveson.  The complaint concerns proposed new guidelines from the Association of Chief Police Officers under which “forces will be banned from confirming the names of suspects”. The Mail calls it “a chilling new threat to the right to know” and holds out the prospect of people being swept off the streets in the manner of North Korea and Zimbabwe. The Telegraph says that critics are condemning the proposal as an attack on open justice.

Privacy, Monstering and the Press: the case of Lucy Meadows

On 19 March 2013 primary school teacher Lucy Meadows was found dead at her home.  She is believed to have killed herself.  The precise circumstances will not be be known until the inquest into her death.  But we do know that she was monstered by tabloid newspapers when the news emerged that she was transitioning from male to female. 

Mr Justice Eady to retire: some of his privacy and libel cases – Sara Mansoori

Earlier this month Mr Justice Eady presided over his final case as a High Court Judge.  He is due to retire on 24 March 2013 after nearly 16 years on the High Court bench.  For 10 years he was the judge in charge of the jury list – his retirement from that post in October 2010 provoked widespread (and largely misinformed) media comment. 

Privacy is not the enemy – rebooted… Paul Bernal

Today, Saturday February 23rd 2013, is International Privacy Day. To mark it, I’ve done a re-boot of an old blog post: ‘Privacy is not the enemy’. The original post (which you can find here) came back in December 2011, after I attended an ‘open data’ event organised by the Oxford Internet Institute – but it’s worth repeating, because those of us who advocate for privacy often find themselves having to defend themselves against attack, as though ‘privacy’ was somehow the enemy of so much that is good.

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

On Sunday 17 February 2013 the “Daily Telegraph” published an article entitled, “Hugh Grant: Here’s 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

It’s not about what Mr Cowen did last summer, it’s about a fundamental right to privacy and accuracy that affects us all – Paul Tweed

In writing his Inforrm post on the basis of a speculative report in a Sunday newspaper, Dr Eoin O’Dell was not to know that a Complaint had in fact already been lodged with the Press Ombudsman on behalf of the former Taoiseach, Mr Brian Cowen.   Dr O’Dell’s comments were made  while the matter was still the subject of an ongoing adjudication process which has the full support of the newspaper industry.  Neither I nor Michael Kealey, the lawyer for the Irish Mail on Sunday, had been in a position to comment at the time in respect for the Ombudsman’s understandable preference that confidentiality be maintained during the initial stages of a complaints procedure aimed at encouraging a “mediated” solution in the first instance.