Right to Freedom of Speech and Expression

Freedom of Speech or Enabling a Right to Insult? The Australian Debate over Section 18C of the Racial Discrimination Act 1975

Freedom of Speech or Enabling a Right to Insult? The Australian Debate over Section 18C of the Racial Discrimination Act 1975

With a rise in the Neo-Right worldwide, we see the fear of the foreigner and the blaming of refugees and welfare recipients for ills that often flow from structural inequality...
Pihl v Sweden: the ECtHR’s Unhelpful Preoccupation with Hate Speech

Pihl v Sweden: the ECtHR’s Unhelpful Preoccupation with Hate Speech

On 9 March 2017, the Third Section of the European Court of Human Rights (ECtHR) declared inadmissible a complaint by the applicant, Mr Pihl, that his right to respect for...
A Win For The Freedom Of Expression In Kenya: Criminal Libel Is Unconstitutional

A Win For The Freedom Of Expression In Kenya: Criminal Libel Is Unconstitutional

The Kenyan High court has, in a recent decision, struck a blow for freedom of expression. The case, Jacqueline Okuta& another v Attorney General & 2 others , sought to...
Courts and contempt powers in India: The case of Jolly LLB-2

Courts and contempt powers in India: The case of Jolly LLB-2

Although the Legislature and the Executive are the subject of regular political satire in India, last month the courts showed that contempt powers can be used to create a hitherto-unknown...
Derogating from Fundamental Human Rights under the Turkish State of Emergency

Derogating from Fundamental Human Rights under the Turkish State of Emergency

Five days after the coup failed on 15 July 2016 in Turkey, the Turkish government declared a state of emergency from 21 July 2016 for a period of ninety days,...
France Risks Violating the Right to Freedom of Expression with New Abortion Law Proposals

France Risks Violating the Right to Freedom of Expression with New Abortion Law Proposals

France is set to introduce a controversial new law which criminalizes the online ‘obstruction’ of abortion. The legislation will extend existing provisions that have made it a criminal offence in...
What’s in a Name? Identity of Children in Criminal Proceedings Heads to Court

What’s in a Name? Identity of Children in Criminal Proceedings Heads to Court

The North Gauteng High Court has recently considered the protection of identity for child victims, witnesses and offenders, in a case brought by Zephany Nurse and several NGOs. They are...
The Law Commission’s Consultation on the Protection of Official Data

The Law Commission’s Consultation on the Protection of Official Data

The recent publication of the Law Commission’s consultation paper The Protection of Official Data has generated a great deal of attention. I welcome the opportunity to provide an overview of...
What’s in a name? The criminal implications of pleasantries

What’s in a name? The criminal implications of pleasantries

In September a new batch of research assistants started at the Law Commission in London. Having collected them from reception, I brought them over to meet the rest of the...
What kind of extremist will you be?

What kind of extremist will you be?

The UK Government’s procedure for identifying ‘dangerous extremists’ has come under legal scrutiny (at long last) in a High Court test case. The litigation was brought by Mr. Salman Butt,...
Lam Wing Kee, Hong Kong, and China’s ever-expanding reach

Lam Wing Kee, Hong Kong, and China’s ever-expanding reach

The disappearance of Lam Wing Kee and four other Hong Kong booksellers sparked outrage amongst Hong Kong citizens and the international community alike. US spokesman John Kirby said the US...
Access to information in order to speak freely: Is this a right under the European Convention?

Access to information in order to speak freely: Is this a right under the European Convention?

If access to government information is “necessary” for you to investigate and communicate about matters of “obvious public interest”, you may have a right to that information, according to the...

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