Pupil Barrister

Tag: free speech (Page 34 of 47)

A word of caution on criminalising revenge porn

Yesterday’s news carried reports that the government may act to criminalise ‘revenge porn’. This is when an angry, jilted person posts private, explicit photographs of their ex-lover online.
At the moment, those who have been exposed in this way can try suing for a breach of privacy in the civil courts, but it’s not currently a criminal offence. For something to constitute ‘harassment’ it has to be a pattern of behaviour, which does not capture the one-off posting of consensual photographs. Continue reading

Hacked Off: Unwitting support for self-censorship?

There was some controversy last month surrounding free speech group Index on Censorship.  They’ve appointed Steve Coogan as a patron, but he is famously a part of the Hacked Off campaign which supports press regulation policies that Index does not.  Both Nick Cohen in the Spectator and Richard Pendlebury in the Daily Mail have written angry responses to the manoevre.
I’ve heard a couple of people express dismay that Hacked Off are being described in such reports as a “pro-censorship lobby”.  Through my work at English PEN 1, I’ve met three of the people who run the group—Brian Cathcart, Martin Moore, and Dr Evan Harris.  If you have read their countless articles, heard any their speeches, or read their tweets on the issue, I do not think one can seriously suggest that they are in favour of “censorship” as the word is commonly understood.  They are at pains to point out that they do not endorse any kind of pre-publication curbs on the press.
Continue reading

Canaries down the free speech mine

On Tuesday I was quoted in a Belfast Telegraph report on the rise of super-injunctions in Northern Ireland.  Super-injunctions, you will recall, are those special types of gagging-order where the judge not only stops you from reporting certain facts, but also bars you from even telling anyone you’ve been censored.  As a rule of thumb, this tends to be a bad thing. Continue reading

UKIP's muddled sense of free expression

In a recent press release, Janice Atkinson, a UKIP candidate for the European Parliament, calls on the police to prosecute Hope Not Hate and Unite Against Fascism protesters under ‘hate crime’ legislation.

Ukip demands police action to arrest so-called ‘anti-racist’ protestors
Janice Atkinson, as Ukip SE chairman, and MEP candidate, jointly with colleagues Patricia Culligan and
Alan Stevens, MEP candidates, have raised concerns about the way the police will deal with the protestors
at the Hove Ukip public meeting, on Tuesday, 13th May to be held in the Jewish Hall.
They have formally asked the chief constable to arrest any protestors who call our supporters ‘fascists’, hurl other abuse or any physical assault, for ‘hate crime’ or under the public order act.

We therefore call on the police to confirm that they will prosecute under ‘hate crime’ any individual or group who seeks to intimidate our supporters and candidates or at least under the Public Order offence under
Section 4, 4A or 5 of the 1986 Public Order Act.

This shows a remarkable lack of understanding of the law and of the principles of free speech. Continue reading

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