Scottish Human Rights Law Group

Held, 2-1 in the Court of Appeal on 18th February 2009, that only the Investigatory Powers Tribunal could hear a claim by a former member of the Security Service who had been refused consent to the publication of a book describing his work.

The Atomic Weapons Establishment Aldermaston Byelaws 2007 which prohibited camping violated the rights of members of the Aldermaston Women’s Peace Camp to freedom of expression and association under Articles 10 and 11.

The Times argued that the “internet publication” rule, that downloading amounted to a fresh publication, applied by the Court of Appeal in Loutchansky v Times, was contrary to Article 10, since it meant that online archives were exposed permanently to the risk of defamation actions.

 
A probation officer involved in the treatment of sex offenders was dismissed as a result of his connection with an organisation involved in bondage, domination and sadomasochism and an associated website. His activities took place in a club which was open to the public.  His dismissal engaged both Article 8 and Article 10 but was a proportionate measure in the …

In Robertson v. HM Advocate [1] the High Court of Justiciary held that the conviction of an individual (“the Naked Rambler”) for contempt of court in the face of his repeated appearances before the court naked did not constitute a violation of his Article 10 rights to free expression.