For all we know: Freedom of Speech, Radicalisation and the Prevent Duty – Paul Wragg

22 08 2016

cvr-PreventGuidanceSeptember marks three anniversaries: it is fifteen years since the 9/11 attacks, it is one year since the so-called ‘prevent’ duty became law, and it is seventy-two years since the University of Chicago Press published The Road to Serfdom by Friedrich August Hayek (The Collected Works of FA Hayek, vol 2, Bruce Caldwell, ed (University of Chicago Press, 2007)).  Read the rest of this entry »





Case Law, Strasbourg: CICAD v Switzerland, Finding that allegation of “anti-semitism” was defamatory did not breach Article 10 – Calypso Blaj

27 07 2016

couv2_0In the case of CICAD v Switzerland (Judgment of 7 June 2016)(French only), the Third Section of the Court of Human Rights held that a judgment finding that an accusation of anti-semitism made by the applicant was unlawful did not violate Article 10.  The Court refused to engage with issues as to the definition of “anti-semitism” but accepted the conclusions of the national court that such a serious allegation could not be justified. Read the rest of this entry »





Case Law, Belgium: Olivier G v Le Soir. “Right to be forgotten” requires anonymisation of online newspaper archive – Hugh Tomlinson QC

19 07 2016

lesoir_363x242In the case of Olivier G v Le Soir (29 April 2016, n° C.15.0052.F [pdf]) the Belgian Court of Cassation decided that, as the result of the “right to be forgotten”, a newspaper had been properly ordered to anonymise the online version of a 1994 article concerning a fatal road traffic accident. Read the rest of this entry »





Case Law, Strasbourg: Kurski v. Poland: Ordering politician to publish apology for defaming Polish newspaper violated Article 10 – Ronan Ó Fathaigh

16 07 2016

gw 20130124-covThe European Court’s Fourth Section has held that a successful civil action by a newspaper against a Polish politician for alleging the newspaper had an “agreement” with an oil corporation to finance the newspaper’s “mass propaganda” against his political party, violated the politician’s freedom of expression. The opinion in Kurski v. Poland dealt with the unusual, but not rare, situation when a newspaper launches defamation proceedings against a politician for damaging its reputation, and the broader issue of ordering publication of apologies. Read the rest of this entry »





Case Law, Strasbourg: Salihu v. Sweden, Criminal conviction for purchasing illegal firearm as a form of ‘check it out’ journalism upheld – Dirk Voorhoof and Daniel Simons

6 07 2016

ExpressenInvestigative journalism sometimes operates at the limits of the law. This is especially true of what could be called ‘check it out’ journalism: reporting in which a journalist tests how effective a law or procedure is by attempting to circumvent it. A recent decision shows that those who commit (minor) offences during this type of newsgathering activity cannot count on (major) support from the European Court of Human Rights (ECtHR). Read the rest of this entry »





UN and OSCE Watchdogs urged to address media freedom in the UK

21 06 2016

ParliamentARTICLE 19 and concerned experts and academics have urged Dunja Mijatović, the OSCE Representative on Freedom of the Media (“the Representative”), and David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (“the UN Special Rapporteur”), to address the state of media freedom in the UK, in particular to address attempts to undermine the independence of the BBC, the public service broadcaster, and to ensure the independence of the press in relation to self-regulation.  Read the rest of this entry »





Can a New Broadcasting law in Europe make internet hosts monitor their users? – Daphne Keller

9 06 2016

Audiovisuals-570The European Commission is making major steps forward in its new Digital Single Market strategy. One important part, the Platform Liability consultation, pointedly asked whether Internet intermediaries should “do more” to weed out illegal or harmful content on their platforms – in other words, to proactively police the information posted by users. Last month the Commission delivered part of its answer. Read the rest of this entry »








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