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Quoted in the Guardian and the Bookseller discussing the 'Lachaux' case at the Supreme Court

I was at the UK Supreme Court yesterday to hear the judgment in Lachaux v. Independent Print Ltd and another. It was a significant challenge to section 1 of the Defamation Act 2013, which long-term readers of this blog will recall was the (successful) end result of English PEN’s Libel Reform Campaign.
Section 1 of the law introduced a test of ‘serious harm’ before a claimant could sue. It was designed to expand the space for free speech by weeding out trivial claims.

A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.

The Lachaux case hinged on the semantics of that section of the law.  Do the words “has caused or is likely to cause” refer to real world effects, past or future? Or do they just mean that the words have a tendency to cause serious harm to reputation.
As Bishop Berkeley might have asked: If I call you a domestic abuser in a forest, and no-one hears, have I caused serious harm to your reputation? Continue reading “Quoted in the Guardian and the Bookseller discussing the 'Lachaux' case at the Supreme Court”

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‘That Bastard Pardon’ –Writing on Myanmar Journalists for the New Statesman

Wa Lone and Kyaw Soe Oo, the two Reuter’s journalists unjustly imprisoned in Myanmar, have been released.
I have written a short piece for the New Statesman, commenting on how presidential pardons do nothing to tackle the underlying injustice, and perpetuate the chill on freedom of expression.

Pardons have a particular place in judicial systems. There may be unusual circumstances where a person has indeed broken the law, but the sentence imposed is inappropriate. A pardon asserts that the conviction was correct, but alleviates the punishment.

That is wholly unsatisfactory in cases where the law has been abused, as it was in the case of Wa Lone and Kyaw Soe Oo. Although they are out of prison, there has been no acknowledgement by the state that the convictions were a clear miscarriage of justice. In fact, the pardon reasserts the just opposite – that there was nothing wrong with the imprisonment.

Read the whole thing on the New Statesman website. Continue reading “‘That Bastard Pardon’ –Writing on Myanmar Journalists for the New Statesman”

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Discussing the UK visa system in The Bookseller

Nick Barley, director of the Edinburgh International Book Festival, has warned that the UK visa system alienates cultural visitors and is in dire need of an overhaul. In recent years, participants in the EIBF and other major UK festivals have had trouble getting permission to enter the UK – a huge freedom of expression issue for them, and for British audiences who have a right to hear them speak.
I’m also quoted in the piece, noting the many ways in which the UK visa system conspires to discourage cultural visitors.

“Here, I’ve noticed that the issue with visa refusals is not just the culture of ‘suspicion’ which leads to some authors and writers, usually young and usually from countries that are poor or which have security or human rights issues, being refused. The visa application system itself is too complex and it’s too easy to make a mistake or to provide incomplete information, which can also lead to a refusal. And the Home Office never provides any opportunity for the applicant to clarify or amend an application.”
He added: “The system is a combination of hostility and complexity that turns people off as well as turns people away. That this is a case is absolutely a political choice – yet another way in which antipathy towards immigration hurts British culture.”

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Recommending Non-Kids Songs for Kids on the Lifehacker Upgrade Podcast

The Upgrade podcast from Lifehacker recently asked “What Non-Kid Songs Do You Listen to With Your Kids?” and I sent them some commentary, based on my own personal experience. I’m pleased to say that my recommendation of ‘Karma Chameleon’ by Culture Club was included in the round-up!
You can listen to the episode via the player below, or on Apple Podcasts, Google Play, Spotify, iHeartRadio, Stitcher. My smirking voice (can voices smirk?) may be heard brielfy in the segment that starts at about 29 mins.
Continue reading “Recommending Non-Kids Songs for Kids on the Lifehacker Upgrade Podcast”

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‘Surprising and concerning’ – Quoted in the Guardian, discussing legal threats to book sellers

Jim Waterson of the Guardian reports a bizarre story of legal reputation managers at Schillings sending threatening letters to booksellers and independent book shops, in an effort to stop them stocking a book about an (allegedly) corrupt banker.
I’m quoted near the end of the story, expressing my dismay:

Robert Sharp of English PEN, the free speech campaign group that co-founded the Libel Reform Campaign, said the decision by Low’s lawyers to target booksellerswas deeply worrying. “This is surprising, concerning and sets a terrible precedent,” he said. He argued that by focussing on the synopses, “the effect of these legal letters is to short-circuit the legal process, by putting booksellers in an impossible position”.

Continue reading “‘Surprising and concerning’ – Quoted in the Guardian, discussing legal threats to book sellers”