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Ten Thousand Miles from Wall Street: Muldoon v. Melbourne City Council

Ten Thousand Miles from Wall Street: Muldoon v. Melbourne City Council

Melbourne is ten thousand miles from Wall Street. And yet, as a Federal Court of Australia decision demonstrated this week, the legal ramifications of the Occupy Wall Street movement are no less significant for the distance. In Muldoon v Melbourne City Council, North J of the Federal Court largely dismissed a number of applications made [...]

Animal Defenders International v UK: A Case of Fruitful Dialogue, or of Strasbourg Losing its Nerve?

Animal Defenders International v UK:  A Case of Fruitful Dialogue, or of Strasbourg Losing its Nerve?

On 22 April, the Grand Chamber of the European Court of Human Rights held in Animal Defenders International v UK, by a majority of  9:8, that the UK’s broadcasting ban on political advertising under the Communications Act 2003  did not violate the  free speech rights of an animal rights NGO that was refused permission to [...]

Animal Defenders International: Will Strasbourg open the door to political advertisements on TV?

Animal Defenders International: Will Strasbourg open the door to political advertisements on TV?

By Jacob Rowbottom -  On Monday, the Grand Chamber of the European Court of Human Rights will give its long awaited decision in Animal Defenders International v UK. The Court will decide whether the ban on political advertising on the broadcast media (under the Communications Act 2003) violates Article 10.  The case was taken to [...]

Freedom of political communication and offensive speech in Australia

Freedom of political communication and offensive speech in Australia

By Boxun Yin – In Monis v The Queen [2013] HCA 4, the High Court of Australia considered the unique Australian doctrine of “implied freedom of political communication”. As Australia lacks a statutory or constitutional bill of rights, it is relatively rare for the High Court to be confronted with human rights questions. This was [...]

Australian Discrimination Law Reform Abandoned by Government

Australian Discrimination Law Reform Abandoned by Government

By Dominique Allen – Late last year, I wrote about the proposed changes to modernise Australia’s ageing anti-discrimination laws which, unlike most of their overseas equivalents, have stagnated since they commenced operation. Today, it appears that these reforms, while not dead, are certainly comatose. The Human Rights and Anti-Discrimination Bill 2012 (Cth) was the result of two [...]

Hacking, blagging and bribing? The press after Leveson

Hacking, blagging and bribing? The press after Leveson

By Hugh Tomlinson QC – Hacking, blagging and bribing were, for many years, standard journalistic techniques in parts of the British press.  Their exposure led to continuing police investigations, over 100 arrests, several criminal prosecutions and the Leveson inquiry.  These criminal techniques were accompanied by intrusion, bullying, inaccuracy and a range of other abuses by [...]

Spot the Differences: How Broad Can Commercial Speech Be?

Spot the Differences: How Broad Can Commercial Speech Be?

By Ilias Trispiotis In the aftermath of ‘the Innocence of Muslims’ turmoil, questions of whether and to what extent state authorities may regulate speech when it upsets public morals or religious beliefs have again come to the fore. In July 2012, the European Court of Human Rights (ECtHR) offered some food for thought in Mouvement Raëlien [...]