The Disgraceful Behaviour of the Senate on the Supreme Court Opening

The incredible gravity of the U.S. Presidential election pulled all of our attention towards Donald Trump and his scandalous behaviour.  His unexpected victory will have us reeling for weeks to come. His forthcoming presidency will probably be a permenant distraction. Just as his presidential primary rivals failed to get their message across, so other pressing issues will surely be crowded out by a general obsession and fascination with Mr Trump.

Here is one such issue that has not received the attention it deserves: the Republican-controlled Senate’s refusal to confirm, or even hold hearings on Merrick Garland, President Barack Obama’s choice for the United States Supreme Court.
Continue reading “The Disgraceful Behaviour of the Senate on the Supreme Court Opening”

I Made A Freedom of Information Request About Revenge Porn Prosecutions, and What I Learned Will Be Mildly Diverting If You’re Interested in This Sort of Thing

The CPS doesn’t keep track of the gender of victims in revenge porn prosecutions. Additional statistics for social media prosecutions are now essential.

Last month, the Crown Prosecution Service (CPS) published a report on Violence Against Women.  It received significant pick-up in the media due to the high number of revenge porn prosecutions that have been brought since a new law was introduced.

I made a Freedom of Information request to the CPS, to ask whether they could tell me how many of the victims in the cases they prosecuted were women. I assumed they would have this information to hand.

I received a reply to my request today. It turns out that they do not keep track of that information Continue reading “I Made A Freedom of Information Request About Revenge Porn Prosecutions, and What I Learned Will Be Mildly Diverting If You’re Interested in This Sort of Thing”

On human rights, the UK should not be a law unto itself

There is something extremely comforting about the European Convention on Human Rights, which is a treaty others can hold us to

The parliamentary Committee on Arms Export Controls is about to publish a report into the sale of weapons to Saudi Arabia.  It appears as though British-made weapons have been used to commit human rights abuses in Yemen.

Its draft report, seen by Newsnight’s Gabriel Gatehouse, said: “The weight of evidence of violations of international humanitarian law by the Saudi-led coalition is now so great, that it is very difficult to continue to support Saudi Arabia.”

The committee said it seemed “inevitable” that such violations had involved arms supplied by the UK which would mean it was in violation of its own legal obligations.

I’m not sure, but I think the phrase “its own legal obligations” means aspects of UK law that prohibt certain kinds of sale.

It’s stuff like this that makes me (and human rights groups) extremely distrustful of the Conservative Government’s proposed ‘Bill of Rights’.  This is a proposal to place our human rights protections entirely within the UK legal framework, with no reference to the law and jurisprudence of European Court of Human Rights.

As the Saudi arms sales story shows, this Government, in keeping with all past and future governments, cannot really be trusted to abide by its own rules and laws!  There is therefore something extremely comforting about the European Convention on Human Rights, which is a treaty and an obligation that other countries can hold us to (and of course, we can hold them to it as well).

On human rights, I’m glad that Britain is not currently a ‘law unto itself’ and fear for the time when that changes.

On Gun Ownership, Nothing Less Than Repeal of the 2nd Amendment Will Do

For human rights defenders, advocating for a constitutional amendment is the only consistent approach

Not a week goes by, it seems, without a mass shooting in the USA.  The world’s oldest democracy also has the highest rate of gun related deaths in the developed world.  It’s a shocking public safety problem, and it’s caused by the fact that the Constitution of the Unitied States says that the government cannot curtail its citizens’ right to bear arms.

Many constitutional scholars say that the 2nd Amendment does not really mean that individuals can arm themselves. Rather, they say, it simply stops the Federal Government from preventing the formation of militia.  The authors of that text were, after all, mindful of tyrannies, dictatorships and unchecked state violence. Continue reading “On Gun Ownership, Nothing Less Than Repeal of the 2nd Amendment Will Do”

Peter Tatchell’s Surprising Support for the Homophobic Bakers

I’d previously written off the Asher’s case as exactly analagous to the case of the homophobic Bed & Breakfast owners. But Peter Tatchell’s article has persuaded me otherwise.

Remember the controversy about the ‘gay cake’?  Last year, a bakery in Belfast refused to make a cake with a pro-gay marriage slogan.  A court ruled that the bakers had discriminated against a customer on the basis of his sexual orientation, contrary to equality legislation.  The customer, Gareth Lee, was awared £500 in compensation.

The case will be considered in the Appeal Court this week.  Ahead of the hearing, the veteran gay-rights campaigner Peter Tatchell has published a surprising article defending the bakery.  There’s a version on the Guardian comment pages, and a longer version sent to Peter’s mailing list.

I recommend reading the entire article, but the crux of Tatchell’s argument is this:

It is discrimination against an idea, not against a person.

The bakery refused to support and propagate the idea of same-sex marriage.  Lee was not refused service because he was gay, but because of the message on the cake.

This is a subtle point but also a persuasive one.  The implications loom large.  Tatchell asks:

Should a Muslim printer be obliged to publish cartoons of Mohammed or a Jewish one the words of a Holocaust denier? Will gay bakers have to accept orders for cakes with homophobic slurs? … If the current Ashers verdict stands it could, for example, encourage far right extremists to demand that bakeries and other service providers facilitate the promotion of anti-immigrant and anti-Muslim opinions. It would leave businesses unable to refuse to decorate cakes, print posters and emblazon mugs with bigoted messages.

Freedom of expression and freedom of conscience surely means the freedom not to engage in the commerce of distributing ideas that you oppose.

I’d previously written off the Asher’s case as exactly analagous to the case of the Bed & Breakfast owners who refused service to a gay couple—This blog has previously discussed the issues raised by such cases. However, Peter Tatchell’s article has persuaded me otherwise.

The Medium of Icing

Who would have thought that patrsies are political! Almost 10 years ago, this blog also discussed the Medium of Icing.

Urging #LibelReform in Scottish Legal News

Earlier this week I spoke to journalist Kapil Summan on behalf of English PEN and the Libel Reform Campaign, on the issue of reforming the UK defamation laws.

The Defamation Act 2013, you will recall, reformed the law in England & Wales.  But MSPs at Holyrood and MLAs at Stormont have yet to legislate for their jurisdictions.

I extemporised on why reform in required in both places! Kapil wrote up two versions of the interview, for Scottish Legal News and Irish Legal News

Key message:

The fact the Defamation Act seems to be working as Parliament intended is precisely what we were after so we’re going into this … with confidence that the Defamation Act is a very strong blueprint for reform in other jurisdictions.

James Rhodes wins at the Supreme Court

The Supreme Court gave free speech a boost last week when it handed down its ruling in a case known as MLA v OPO, and lifted an injunction prohibiting publication of an autobiography.

The Supreme Court gave free speech a boost last week when it handed down its ruling in a case known as MLA v OPO, and lifted an injunction prohibiting publication of an autobiography.

The case concerned Instrumental, a memoir by the classical pianist James Rhodes. The book includes graphic accounts of the sexual abuse that Rhodes suffered as a young boy, and how music helped him to overcome the mental health issues he suffered as a result. Rhodes ex-wife sought the injunction on behalf of their son, who as Aspergers Syndrome. She argued that, were their son to read the book, it would cause him significant psychological harm. Relying on 19th century case law, she argued that publication would be to knowingly cause this distress, for which her son would have an action in civil law.

The Court of Appeal had accepted this argument and put an injunction in place, even going so far as to provide a schedule of excerpts from the book that should be removed before publication would be allowed. But on Wednesday the Supreme Court ruled unanimously that this was an error. Continue reading “James Rhodes wins at the Supreme Court”

Revenge porn: A law introduced to protect women is already being used to prosecute one

A law introduced as a way of protecting women is already being used to prosecute a woman.

An article by yrstrly for Independent Voices, on unintended consequences with revenge porn laws. The issue of gender blind laws (and principles) is relevant to my earlier post about apparently misandrist, racist tweeting.


Last year, when campaigners pushed for a new law to prevent ‘revenge porn’, it was clear who they were hoping to protect: women.

Introducing the campaign to parliament in June last year, Maria Miller categorised the issue as a form of violence against women.  All the case studies invoked by campaigners involved women being humiliated by their ex-partners, and MPs discussed the exposure of celebrities like Rhianna and Jennifer Lawrence.  The charity Women’s Aid presented examples where women were forced into posing for photographs by abusive partners, saying that “perpetrators of domestic violence use revenge porn as a tool to control, humiliate, and traumatise their victims.”

It is surprising, then, to hear that one of the first prosecutions under the new law will be the ‘tabloid personality’ Josie Cunningham.  A law introduced as a way of protecting women is already being used to prosecute a woman. Continue reading “Revenge porn: A law introduced to protect women is already being used to prosecute one”

How British values influence the European Court of Human Rights

The Human Right Act allows the door of ‘precedent’ and judicial argument to swing both ways.

In the past few months, I’ve given over a couple of posts to the Labour Party and human rights. See my report of Yvette Cooper’s speech, or Sadiq Khan’s speech, for example. As such, its worth bookmarking a recent Daily Telegraph piece by Khan, on the Human Rights Act, and Britain’s relationship with the European Court of Human Rights.

The lay-reader may appreciate a quick overview of these human rights mechanisms. First, the European Convention on Human Rights incorporates basic protections into a Europe-wide treaty. The UK government must protect human rights because it has signed a treaty saying it shall do so—the rights have not been ‘imposed’ on us by European bureaucrats. The convention also establishes a court (at Strasbourg) to hear cases of human rights abuses. We in UK and the other signatory states are bound by the rulings of the court because we chose to sign the treaty. Continue reading “How British values influence the European Court of Human Rights”

The Defamation Act 2013: Complete & Unabridged

The Defamation Act 2013: Complete & Unabridged collects together, in chronological order, every single parliamentary document published during the passage of the recent reform of our libel law.

As is my wont, I made a book to illustrate this. Physical objects are useful props in debates like this: immediately illustrative, and useful to hang an argument and peoples’ attention on.

James Bridle is probably best known as the artist who first articulated ‘The New Aesthetic‘, but he has run many projects on books and technology. His project ‘The Iraq War‘ is a favourite of mine – the entire Wikipedia Edit History of the ‘Iraq War’ article, from 2005-2009, which stretches to twelve volumes. He’s also the creator of a Book of Tweets.

James’ projects are the inspiration of one of my own – The Defamation Act 2013: Complete & Unabridged. It collects together, in chronological order, every single parliamentary document published during the passage of the recent reform of our libel law. These include the various versions of the Bill (which I have previously published in a spliced together version, ‘Tracked Changes in the Defamation Bill‘), the parliamentary Hansard transcripts of the debates; and the amendment papers. Continue reading “The Defamation Act 2013: Complete & Unabridged”