Articles in: Media Law

Earl and Countess Spencer’s Divorce

Munby J refused an application by the Earl Spencer and his ex-wife to remove the media from court for the whole of the financial settlement battle. It is likely, however, that there will be some reporting restrictions.
The application was decided on 23 June 2009; the judgment has not yet been published.
Rosalind McInnes

Art. 08 Right to Private and Family Life, Media Law

Re Att-Gen’s Ref (No 3 of 1999) sub nom BBC’s application to set aside or to vary a reporting restriction

The BBC persuaded the House of Lords to lift a reporting restriction anonymising a man controversially acquitted of rape following the inadmissibility of DNA evidence. The BBC wanted to name him as part of a series planned to deal with such acquittals in the context of the abolition of the double jeopardy rule.

Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Data Protection and Freedom of Information, Media Law

The Author of a Blog v Times Newspapers Ltd

A serving police officer who blogged anonymously about his work and his often critical opinions of the administration of justice was refused an injunction which would have protected his identification. He had no expectation of privacy in the information in question.

Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Data Protection and Freedom of Information, Media Law

Wood v Commissioner of Police of the Metropolis

2-1 split in the Court of Appeal over the taking and retention of photographs by the police of the media coordinator of The Campaign Against Arms Trade – a man with no arrests or convictions – who had been photographed while attending the AGM of a pro-arms trade company.

Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association, Art. 14 Prohibition of Discrimination, Media Law, Police Law

Bahram Noorani v Richard Culver

The Deputy Chairman of the Wirral West Conservative Association sued the Chairman over, inter alia, slander. It was held that “no wonder you have depression, married to an Islamist terrorist” could not be vulgar abuse, but that, since publication was only to the claimant’s wife and daughter, the slander action was struck out as an abuse of process.

Art. 10 Freedom of Expression, Civil Procedure, Media Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.