Scottish Human Rights Law Group

The jurisprudence of the European Court of Human Rights sets a high hurdle before any prior restraint on publication may be said to be Convention compatible:
“(a) Freedom of expression constitutes one of the essential foundations of a democratic society; subject to paragraph (2) of article 10, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or …

Art. 10 Freedom of Expression, Media Law, Strasbourg Case Law

The |Lord Ordinary held that in principle the defence of qualified privilege available in defamation actions at common law was not incompatible with the requirements of Article 8.
Full report available here.

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

TEST

Agricultural & Fisheries Law, Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 04 Freedom from Slavery, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 07 No Punishment without Law, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association, Art. 12 Right to Marry and Found a Family, Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Art. 17 Abuse of Rights, Art. 34 Victim Status, Art. 41 Just Satisfaction, Asylum & Immigration Law, Child & Family Law, Civil Procedure, Commercial and Corporate Law, Competition Law, Consumer Law, Criminal Law and Criminal Procedure, Data Protection and Freedom of Information, Discrimination Law, EU Law, Ecclesiastical Law and Freedom of Religion, Education Law, Employment and Industrial Relations Law, Environmental and Planning Law, Events, Health and Safety Law, Housing and Homelessness Law, Inheritance and Trusts Law, Insolvency and Personal Bankruptcy, Insurance Law, Intellectual Property Law, International Law, Licensing Law, Media Law, Medical Law, Mental Health, Misc., News, Pensions Law, Police Law, Prisons Law, Property Law, Protocol 1, Art. 1 Right to Private Property, Protocol 1, Art. 2 Right to Education, Protocol 1, Art. 3 Right to Free and Fair Elections, Public Procurement, Regulatory and Disciplinary Law, Social Security Law, Sports Law, Taxation

A pre-HRA and Scotland Act House of Lords decision, in effect the Scottish Spycatcher case in which their Lordships confirmed that a third party (the Scotsman newspaper) which came into information from a former Crown servant (which it was conceded could not be said to be damaging to national security) could not be restrained from publishing it in Scotland notwithstanding …

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