"It took endless humiliation before parliament got the message and decided to reform the law of libel: the UN Human Rights Council said our libel law chilled free speech across the entire globe, American academics faced our courts for writing about the funding of Al Qaeda, Barack Obama signed into law an act to protect Americans from our libel law and decent scientists such as Simon Singh Ben Goldacre and NHS cardiologist Pete Wilsmhurst faced ruin thanks to the law.
Showing posts with label free press. Show all posts
Showing posts with label free press. Show all posts
Friday, 28 March 2014
Mike Harris - "Why is free speech not good enough for Northern Ireland?"
Tuesday, 25 March 2014
Fulton v Sunday World injunction application dismissed
Following Conway v Sunday World, another gagging case has made the headlines with Fulton v Sunday World. This case involved an application by member of the Progressive Unionist Party (PUP) to stop the Sunday World from continuing to report his alleged links with the UVF. In the High Court Gillen J dismissed the application.
Like Conway, Fulton's lawyers argued that a relentless series of articles about him have put his life at increased risk from dissident republicans. News Letter reports in full here.
Like Conway, Fulton's lawyers argued that a relentless series of articles about him have put his life at increased risk from dissident republicans. News Letter reports in full here.
Monday, 24 March 2014
Spider Letters go to Supreme Court
The Court of Appeal has ruled unlawful the move by the Attorney General to suppress the publication of Prince Charles letters. Judgment in full here. Guardian reported here.
Roy Greenslade assented to the judgement and said:
"If Prince Charles is not neutral then the public have a right to know."
Paul Tweed dissented, saying the decision represented an incursion into the privacy of Prince Charles. Archie Bland called it a matter of secrecy, not privacy.
However, we will not see Prince Charles' "spider letters" any time soon. The Attorney-General has taken leave to appeal to the UK Supreme Court (@ukSupremeCourt). Attorney General Dominic Grieve said:
Refusal to release Charles' black spiders is not about privacy - it's about secrecy. Which is outrageous. Wrote this: http://t.co/D03lIA5JwU
— Archie Bland (@archiebland) March 17, 2014
However, we will not see Prince Charles' "spider letters" any time soon. The Attorney-General has taken leave to appeal to the UK Supreme Court (@ukSupremeCourt). Attorney General Dominic Grieve said:
"We are very disappointed by the decision of the court. We will be pursuing an appeal to the Supreme Court in order to protect the important principles which are at stake in this case."
Sunday, 16 March 2014
Northern Ireland Journalists told to hold back in name of peace process
Mick Fealty recently made two observations about Northern Ireland journalism.
One, he suggested that journalists are encumbered to and bound by the wishes of the media outlet's owner. He said:
One, he suggested that journalists are encumbered to and bound by the wishes of the media outlet's owner. He said:
“Rocking the boat”, I suspect, was never that big on the journalist’s agenda, particularly if not exactly to the proprietor’s taste. In any case, rocking it has more often been a case of cumulative work rather than going for it in one steady hit.
Two, he also suggested that journalists in Northern Ireland suffer from conformity and convention:
"Too many journalists still hunt in packs and so end up producing what Hugo Dixon calls ‘Me Too’ journalism. In the close confines of Northern Ireland this can lead to political pressures to conform (by not asking stupid questions) for the sake of our increasingly geriatric Peace Process™."Mick Fealty had previously looked at the concentrated pressure for journalists to conform. He quoted an Irish Times report:
"In [Northern Ireland] journalists were sometimes told to hold back on a story in case they might do damage to the delicate administration. While this was not a point to ignore, you couldn’t make exceptions."But Mick Fealty has said how Northern Ireland journalists should operate:
"I’ve no doubt of the contribution, but the “well-behaved witness” now needs to start asking “stupid” questions. Otherwise false, or partial, narratives will go unchallenged as those witnesses continue to ignore “the bits that do not suit particular prejudices”. And when “agreed truth becomes accepted, the real truth becomes a lie”."
Labels:
defamation,
free press,
free speech,
libel,
media,
Mick Fealty,
Northern Ireland
Saturday, 15 March 2014
Tim Berners-Lee and Tim Farron call for digital "Magna Carta" and "bill of rights"
Tim Berners-Lee, the inventor of the internet as we know it today has called for an online constitution. A shared document of principle that he has called a digital "Magna Carta". He is concerned about the web's neutrality, saying that it is under sustained attack from governments and corporations. An online "Magna Carta" would be a means to protect and enshrine the independence of the internet and the rights of its users. He said:
"Our rights are being infringed more and more on every side, and the danger is that we get used to it. So I want to use the 25th anniversary for us all to do that, to take the web back into our own hands and define the web we want for the next 25 years."This call comes as part of the initiative 'the web we want.' This initiative calls on people to create a digital bill of rights in each country which should be supported by public institutions, government officials and corporations. Berners-Lee said:
"Unless we have an open, neutral internet we can rely on without worrying about what's happening at the back door, we can't have open government, good democracy, good healthcare, connected communities and diversity of culture. It's not naive to think we can have that, but it is naive to think we can just sit back and get it."Tim Farron, the Liberal Democrat presiden, has called for a digital bill of rights in response to 'overreach by the state' after its imposition of 'blanket surveillance' of citizens. It would be a move for the people against the work of GCHQ by blocking the "bulk collection of data". A digital bill of rights would protect the public by guarding basic online freedoms from the "untrammelled power of the state". He said:
"The 1689 bill of rights codified the basic freedoms which we still enjoy today. As we live more of our lives online, we deserve to know that we also enjoy a similar level of freedom in what we do in cyberspace."The site for 'the web we want' can be accessed here.
Wednesday, 5 March 2014
Paul McDonnell - Northern Ireland is a libel-friendly, free-speech limiting outpost
Northern Ireland media lawyer Paul McDonnell (@_PaulMcDonnell_) of McKinty and Wright was cited by Lord Lexden in a House of Lords debate. Lord Lexden read out his submission in full:
"The refusal of the Northern Ireland executive to extend to Northern Ireland the remit of the Defamation Act and the legal clarity and free speech protection it brings, is quite simply unjustifiable. Why should the citizens and journalists of Northern Ireland not be afforded the same protection of those in the rest of the United Kingdom, whether they are expressing opinions online or holding government to account. Why as the rest of the United Kingdom embraces the digital revolution, should Northern Ireland be confined by our archaic and unfocused freedom of expression laws?
Labels:
defamation,
free press,
free speech,
libel,
libel reform,
Northern Ireland,
Paul McDonnell
Saturday, 15 February 2014
Fintan O'Toole - Libel action should be an absolute last resort
In December 2010 The Sunday Times carried a long, anonymous profile of Irish Times columnist Fintan O'Toole and included the assertion that he drove home from an Irish Congress of Trade Unions rally in a BMW 5 Series. As Fintan O'Toole said, the story "was pure invention and almost every “fact” that followed was wildly and demonstrably wrong." He could have sued, but choose not to. He explained:
"The “profile” was, in other words, a gold mine. I had hit the libel jackpot. The Sunday Times couldn’t possibly go into court to defend an article that was so sloppily written and badly researched. Even the most aggressive lawyer would tell them to stuff my mouth with gold and make the whole thing go away fast."
Friday, 14 February 2014
Willie Kealy - Free speech and not gay marriage is the real issue in Ireland
During an interview on RTE's Saturday Night Show (January 1 2014) The gay performance artist Rory O'Neill said that certain specific people in Ireland were homophobic because of their stance on the question of gay marriage and gay adoption. This prompted a deluge of writ letters from those Rory named as homophobic. Following this, RTE apologised and paid out €85,000 in damages. Of these events, Willie Kealy wrote in The Irish Independent:
"In the real world, that was the end of the "debate". Those who took offence at being called homophobic were able to continue to express their opinions – Breda O'Brien of the Irish Times and David Quinn of the Iona Institute were able to talk or write about it without fear of legal sanction. But otherwise there was nothing. This is because our libel laws are very conducive to closing down any debate that might tend towards the contentious.
Thursday, 30 January 2014
@Kenanmalik "on the importance of the right to offend"
"There is something truly bizarre (and yet in keeping with the zeitgeist of our age) that someone should become the focus of death threats and an international campaign of vilification for suggesting that an inoffensive cartoon was, well, inoffensive.
From the Rushdie affair to the controversy over the Danish cartoons, from the forcing offstage of Gurpreet Kaur Bhatti’s play Behzti to the attempt this week by members of Northern Ireland’s Democratic Unionist Party to shut down the Reduced Shakespeare Company’s production of The Bible: The Complete Word Of God (a decision thankfully later reversed), reactionaries have often used campaigns against ‘offence’ as a political weapon with which to harass opponents and as a means of bolstering their community support. The anti-Nawaz campaign is no different. Muhammad Shafiq and Muhammad Ansar both have had public spats with Nawaz, and both are cynically exploiting the claim of ‘offensiveness’ to reclaim political kudos."
Labels:
blasphemy,
censorship,
defamation,
free press,
free speech,
Kenan Malik,
libel
Wednesday, 29 January 2014
"Overwhelming support" for libel reform
The public consultation into the reform of libel laws in Northern Ireland has received "overwhelming support" says Mike Nesbitt. Over 90% of responses to his public consultation backed changing the law. The public's response was stronger than the UK-wide consultation by the Ministry of Justice on the Defamation Act 2013. On the need for libel reform Mike Nesbitt stressed the special need Northern Ireland has for a robust, curious and unfettered press:
"This is about protecting freedom of speech in Northern Ireland. This is particularly important to us, because our current system of government means we do not have a second chamber, like the Lords in London, who scrutinise and revise legislation coming out of the Commons. Nor do we have an official opposition, a role performed to a large extent by the media.
Monday, 17 June 2013
Olivia O'Kane responds - Should we be worried about libel Law?
In an article in the Ulster Business magazine, 'Libel law: should we be worried?' Olivia O'Kane responded at length:
"It should not have been a flat refusal. The NI assembly should at the very least reconsider halting the extension of libel reform to NI without having a proper, open and public consultation on the issue. There must be an open debate ominous NI about brining it back into line with the rest of the UK.
The press are the eyes and the ears of society and watch as a public watchdog. Chilling press freedom of speech damages the public community at large.
Labels:
defamation,
free press,
free speech,
libel law,
libel reform,
Olivia O'Kane
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