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UK News


2011: April-June

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22nd June   

A Bit of a Card...

Saucy seaside cards reprinted after 56 years on the banned list
Link Here
 
 

Saucy seaside postcards which were banned from resorts around the UK more than 50 years ago have gone on sale for the first time since they were censored.

Five of the obscene comic cards by prolific artist Donald McGill can now be bought, 56 years after the designs were destroyed because of their bawdy humour.

McGill designed saucy classics from 1904 until 1962. His images featured fat old ladies, drunken middle-aged men, honeymooning couples and prudish vicars. He produced 12,000 designs over his prolific career and more than 200million of his cards were sold.

But in 1954 he became the target of a morality campaign at seaside resorts across the UK,

An Isle of Wight vicar complained to his local paper and the police raided five seaside shops, confiscating more than 5,000 cards. Other raids took place across the UK and thousands of McGill's cards were ordered to be destroyed under the 1857 Obscene Publications Act.

The following year a show trial was held in Lincoln where the artist, then aged 79, was persuaded to plead guilty on four cards which were immediately banned. McGill and his publishers also agreed not to republish another 17 cards once existing stocks had been sold.

Now a museum in Ryde on the Isle of Wight, which houses the largest collection of McGill's work in the world, has re-printed five of the banned cards for the first time in nearly six decades. Although the ban on McGill's cards has never been revoked, the museum believes it is highly unlikely their publication would be challenged today.

 

15th June   

Doctors on Trial...

Bahrain to sue the Independent over a powerful report by Robert Fisk
Link Here

The government of Bahrain claimed yesterday to have commissioned a UK-based law firm to file a case against The Independent for its reporting on the crackdown on protests in the country.

Nawaf al-Mawada, a representative of the Information Affairs Authority, told Bahrain's state news agency that the action was being taken because The Independent had deliberately published a series of unrealistic and provocative articles targeting Bahrain and the Kingdom of Saudi Arabia .

The supposedly offending article is an opinion piece by Middle East correspondent Robert Fisk, in which he criticises the Bahraini government for putting 48 surgeons on trial.

 

15th June   

Local Rag...

Brighton Argus threatens libel action after being called a local rag by Brighton Council
Link Here

A dispute between The Argus and Brighton and Hove City Council has taken a farcical turn with editor Michael Beard threatening legal action after the council's communications chief John Shewell described the paper as a local rag in a tweet.

It follows the publication of a story discussing the creation of a tourist tax in Brighton and Hove.

Brighton council objected to any inference that they were actually considering such a tax and made this clear ina press release and various tweets. One of the tweets from John Shewell said: Local rag runs ridiculous line that @brightonhovecc thinking of introducing tourist tax er...no we're not!

A local rag is usually considered a colloquial term for a local newspaper rather than its official derogatory definition. However, in response Beard has emailed Shewell and said: As to your comment describing the Argus as a local rag , the advice from our company lawyer is that the tweet as a whole is defamatory in that it characterises The Argus (and therefore the Editor and individual members of staff) as a rag that carelessly or incompetently publishes false or misleading information and is not to be relied on.

Shewell has also written on Twitter about the email from the Argus' editor, which he has described as bullying tactics .

 

12th June

 Offsite: Mr Super Injunctionist...

Link Here
Full story: Super Injunctions...Granting super powers to rich gaggers
Mr Justice Eady on balancing acts

See article from indexoncensorship.org

 

12th June

 Offsite: NOBODY Can Escape Britain's Thought Police...

Link Here
More bollox abuse of the public order act to persecute someone for minor insult

See article from dailymail.co.uk

 

12th June

 Offsite: Serious Affair...

Link Here
A plumber who revealed his wife's affair investigated by elite serious crime unit

See article from guardian.co.uk

 

11th June   

Carmarthenshire Council Caught Hiding from Public Scrutiny...

Blogger arrested on bollox charges for filming at council meeting
Link Here

A blogger who filmed a meeting of a local council was arrested for supposedly breaching the peace despite insisting that she broke no laws.

Jacqui Thompson, author of the blog Carmarthenshire Planning Problems and More , was using her phone to record a meeting of Carmarthenshire County Council during an angry debate on the closure of a day club for local elderly people.

According to her blog, she was in the public gallery when the row over the day club broke out, and began filming proceedings. She was asked to leave by the council chairman who called the police when she refused. Ten minutes later, four police officers arrived.

Mrs Thompson said:

I tried to argue my point but was then arrested in the Public Gallery for 'breaching the peace'. I was taken outside the door, handcuffed, searched, my phone taken and marched out to the waiting police cars.

I was then taken 30 miles to Llanelli police station where I remained handcuffed for another hour before being 'processed', and put in a cell for another two hours.

Mrs Thompson also claimed that she was threatened with being kept overnight at the station unless she signed an undertaking not to film any more meetings. She said that the council chairman, Councillor Ivor Jackson, told her that filming was against the council's standing orders. However, according to the standing orders, members of the public and press may only be excluded if they are making a disturbance.

David Allen Green, lawyer and legal correspondent of New Statesman, said:

The circumstances of the arrest of Mrs Thompson are concerning. In general terms, it is important that police and local authorities do not use 'breach of the peace' as the basis of arresting at will, especially when there are free expression and public accountability issues at stake. I hope this was not what happened with Mrs Thompson. On what we know, it seems alarming, illiberal and misconceived.

Update: Ordered to pay £25,000 libel damages to council leader

16th March 2013. See  article from  guardian.co.uk

The political blogger who sparked online uproar after being arrested for filming a council hearing has been ordered to pay £25,000 in libel damages to a council's chief executive over what the high court described as an unlawful campaign of harassment, defamation and intimidation .

Jacqui Thompson was ordered to pay the five-figure sum over a series of defamatory internet posts in which she falsely accused Carmarthenshire county council chief executive, Mark James, and other council officers of corruption.

Britain's most senior libel judge, Mr Justice Tugendhat, said in his ruling on Friday:

Mrs Thompson conducted her campaign of harassment as publicly as she could, at first copying her letters and emails to the press and numerous other people and, after she had started her blog, publishing her unfounded allegations to the world at large.

 

6th June   

Updated: Daily Mail Pants...

Daily Mail details pants code for retailers selling children's wear
Link Here

High street shops will be told not to sell padded bras and sexually suggestive clothes to children under guidelines to be unveiled on Monday. This will coincide with the publication of a Government-commissioned review into the sexualisation of children by Reg Bailey, head of the Mothers' Union.

Tesco and Sainsbury's have already signed up to the new deal drawn up by the British Retail Consortium, along with George, the clothing range promoted by Asda. Major high street stores including Marks & Spencer, Next, John Lewis, Debenhams, Argos and Peacocks have also agreed to comply.

The BRC's guidelines say:

Slogans and imagery including licensed images and brand marks must be age-appropriate and without undesirable associations or connotations -- for example, sexually suggestive, demeaning, derogative or political material.

Humorous slogans need to be tested against a broad range of views as they can cause unforeseen and unintended offence.

The guidelines warn that underwear ranges require the utmost care , ruling that knickers and pants must provide modesty. Thongs are not appropriate for children .

And in a crackdown on products which seek to treat girls like women, they say: Vests and crop tops should also be designed for modesty with no need for structural support. Under-wiring is not necessary or appropriate for the smallest cup sizes. First bras should be constructed to provide comfort, modesty and support but not enhancement.

No mention should be made of enhancement or under-wiring in any children's ranges.

Comment: False Modesty

5th June 2011. Thanks to Angelus

"...knickers and pants must provide modesty."

"Vests and crop tops should also be designed for modesty"

"First bras should be constructed to provide comfort, modesty and support..."

'm not saying I want little girls dressing like whores (a concept wonderfully deconstructed by South Park), but since when has it been so terrible for them to want to dress up like their mothers? And what is it with the obsession about modesty? Is this supposed to be Afghanistan or something? But actually the most worrying thing is that the guy thinks "first bras" need to support anything - he evidently knows even less about biology than he does anything else.

Update: Published

6th June 2011. See  article from  bbc.co.uk

In response to demands for restrictions on inappropriate children's clothing - including lace lingerie and push-up bras - the British Retail Consortium launched stricter guidelines. See Responsible Retailing [pdf]

The British Retail Consortium's director of public affairs, Jane Bevis, said the guidelines provided extra reassurance for parents that these companies are just as concerned as they are about what their children wear .

Nine stores - Asda, Debenhams, Argos, John Lewis, Next, Marks & Spencer, Peacocks, Sainsbury's and Tesco - have signed up, with others being urged to participate.

Children's Minister Sarah Teather said: It is not government's role to interfere in family life ...BUT... parents often tell me that they would like more support so that they can navigate the rapidly-changing technological and commercial world.

 

4th June   

Update: British TV is a Conveyer Belt of Smut...

Daily Mail adds details about Reg Bailey's sexualisation report
Link Here

  Reg Bailey
Still suffering from
 premature sexualisation

The Daily Mail adds a few more details (in its typically overwrought style) about Reg Bailey's report:

A report commissioned by the Prime Minister, to be published on Monday, demands an end to the sexualisation of young children.

It will order the broadcasting watchdog Ofcom to consult parents about their concerns and report back every year on how it has reinforced taste guidelines.

David Cameron will endorse the proposals of Reg Bailey, the chief executive of the Mothers' Union, who found parents are deeply concerned that sexual imagery in television, advertising and pop videos is making children grow up too fast.

Ministers will make clear that they expect changes and the Government is prepared to intervene directly unless the conveyor-belt of smut is toned down.

The report also calls for a hard-hitting crackdown on internet pornography, demanding tighter parental controls over access to explicit websites.

Under the plans, laptops will be sold with parental controls automatically activated and customers will have to request specifically to receive porn -- a reversal of the current position.

Bailey is also demanding a crackdown on lewd lads mags such as Nuts and Zoo, urging retailers to sell the magazines in plain wrappers or put them behind modesty boards which hide their lurid covers from young children.

Ministers will set up a single website which parents can use to report excessive sexual content on screen, in adverts and where high street stores sell inappropriate clothing to youngsters.

The Bailey Review demands a return to the days when parents could be confident that programmes broadcast before 9pm would be suitable for the whole family.

The report accuses broadcasters of actively working against parents by peddling sexual content. 'Some parents even questioned whether the watershed still exists.'

Bailey warns: The watershed was introduced to protect children and pre-watershed programming should therefore be developed and regulated with a greater weight towards the attitudes and views of parents, rather than viewers as a whole. Broadcasters and Ofcom should report annually on how they have specifically engaged parents over the previous year, what they have learnt and what they are doing differently as a result. The onus is on broadcasters to show acceptable content in the first place, not to react to audience complaints after the event.

The report says parents are most concerned by music performances in music and talent shows during family viewing hours which were heavily influenced by the sexualised and gender-steroetyped content of music videos , making them more raunchy than was appropriate for that type of viewing .

It concludes: The industry needs to act and, in the case of pre-watershed family viewing, take a slightly more cautious approach than is currently the case.

 

3rd June   

Update: Polluted Minds...

Reg Bailey report to call for age classification of music videos and a one stop complaints shop for sufferers of premature sexualisation
Link Here

  Reg Bailey
Suffering from
 premature sexualisation

The government report into sexualisation of childhood is due to be published on Monday. The press seem to have been briefed with advance details as reported in the Guardian.

The report has been commissioned by David Cameron from the biased Reg Bailey, the chief executive of the Mothers' Union and long-term campaigner against 'premature sexualisation'.

Bailey is likely to give the retail, advertising and video industry 18 months to improve their act voluntarily or face tougher government regulation.

He is also expected to demand some regulatory bodies such as Ofcom and the Advertising Standards Authority do more to ensure they seek the views of parents on what is acceptable to show to children.

The report is also set to criticise the growth of peer to peer marketing, where companies hire teenagers to sell or promote products in school.

The review has already led bodies such as the ASA and the BPI, responsible for the music industry, to make pre-emptive efforts to show they are aware of the criticism of the way they currently operate. The ASA has promised to set up an advisory body, as well as regulate advertising on company websites.

The music industry is expected to be told to put some kind of advisory age rating such as films have on music videos. Critics are likely to argue that in practice these music videos go out on TV and parents will unable to stand over their children and prevent them watching them. Latest figures sent to the Bailey review suggest that half of children have access to TV via their computers in their own bedroom.

Senior figures associated with the review are to claim complacency from some industry bodies.

Bailey is likely to be asked by government to follow through his report to ensure his recommendations are implemented. Ministers are aware that the previous government published three reports into sexualisation of children in various aspects, but little happened. But Helen Goodman, the shadow justice minister, said: The voluntary approach has been tried and failed. We must have tougher regulations across the media, including social media. Pester power is the pollution of modern advertising and we should follow the polluter pays principle.

See  article from  dailymail.co.uk

The Daily Mail adds that at the moment advertising rules mean alcohol and fast food adverts are banned from billboards near schools. A source involved in drawing up the plans said that would be extended to cover adverts featuring sexual imagery.

 

3rd June   

Update: Asking for a Spanking from 17 Judges...

Max Mosley to appeal to the European Court Grand Chamber to obtain prior notification of newspaper stories exposing someone's private life
Link Here
Full story: Max Mosley Privacy...Max Mosley, spanking and Nazi sex

Max Mosley has began an appeal against the European Court rejection of his attempt to extend privacy laws. He had demanded that newspapers about to expose details of someone's private life are forced to warn the individual before they do so. This would give the person time to seek an injunction to stop publication.

But last month the European Court of Human Rights in Strasbourg threw out the demand, saying it could have a chilling effect on journalism.

Now he has taken up his last option -- applying for a hearing before a 17-judge Grand Chamber of the same court.

A statement from Mosley's lawyers, Collyer Bristow said:

Despite the court's "severe criticisms" of the News of the World, this and other tabloid newspapers could use the same techniques tomorrow to obtain and publish intimate photographs and details of the sex lives of individuals, without notice and in the knowledge that it is wholly unlawful.

Privacy has been the subject of considerable public and media debate in the last month and a ruling from the Grand Chamber of the Court is needed upon this important issue to close a clear gap in UK law

 

2nd June   

Explicit Warnings...

UK online music services to carry parental advisory logos as per CDs
Link Here

Parental warning logos are set to be introduced before songs and music videos on services such as Spotify and YouTube that contain explicit material, following recent 'concern' about supposedly risque music content available to children online.

Music industry body BPI is to update its 15-year-old Parental Advisory Scheme. Updated guidelines will expand the scheme for the well known advisory logo to appear with songs and videos available to stream or download on UK digital music and music video services.

Most audio and video streaming services including Google-owned YouTube, Spotify, Napster and Vevo do not currently have a uniform parental guidance system, according to the BPI.

We think it is important for parents to get the same standards of guidance and information online as they get when buying CDs or DVDs on the high street, said Geoff Taylor, chief executive of the BPI. We are updating our scheme for the digital age to ensure that explicit songs and videos are clearly labelled.

 

31st May   

Dangerous Barnsley...

Shoppers warned to avoid Barnsley town centre lest they get fined for strong language by police abusing the Public Order Act
Link Here

Swearing in public could land Barnsley town centre vistors with an £ 80 on-the-spot fine. Police are targeting bad language in the centre of Barnsley supposedly to encourage shoppers to return.

And members of the public are being urged to report offensive and intimidating language, including swearing, in a bid to clean up the town's bad image.

South Yorkshire Police will abuse existing powers under the 1986 Public Order Act to hand out fines. The 'initiative' comes into force today. 

Inspector Julie Mitchell of South Yorkshire Police said: It is important to note that some people feel upset and intimidated from hearing swearing. Therefore, it has been agreed that those found to be swearing in the town centre will be dealt with appropriately, by either advice or enforcement.

It is not clear how they will decide whether a particular use of language is offensive - both in terms of the words used and the effects on the person being spoken to. Perhaps they will take inspiration from Judge Dredd

Campaigner Phil Davies, from Barnsley Voice, which represents businesses in the town centre, said: There is nothing wrong with swearing, I do it every day, but it is when it is targeted at somebody. 

 

31st May   

Update: Revealing More...

Another batch of claimed celebrity injunctions published
Link Here
Full story: Super Injunctions...Granting super powers to rich gaggers

Another twitter user has published details of more purported celebrity gagging orders.

A newly created Twitter account posted details of 13 alleged injunctions early yesterday morning, directing users to a website for further detailed information. After attracting more than 500 followers within the first 10 hours of publication, the tweets were removed.

Mark Stephens, a media lawyer, said the courts could instruct the Attorney General or solicitors to begin proceedings, at public expense, to find out who the person behind the breach was. They would then be subject to a contempt of court action: One of the things about this is that it is a cynical snub of the judiciary but a lot of this information has been available for people using the internet for quite some time.

But Sara Mansoori, a media barrister at Matrix chambers, which represents claimants and defendants including some mentioned in the latest alleged Twitter breach, said a judge had recently rebuffed solicitors' calls for the court to start contempt proceedings -- instead telling them they could apply to the Attorney General to intervene: The [breaches] are starting to be a head-on collision with the courts, she said. Courts are implementing laws by Parliament. We have moved away from privacy laws to contempt laws, we are in a very serious situation [but] we have got Parliament, through comments through the Prime Minister saying he is concerned about the courts, and John Hemming [the MP] saying they are unhappy with the way the courts are applying the law.

The author of the latest alleged Twitter breach used the anonymous mask -- employed by groups and individuals seeking to challenge institutions and whistle blow wrongdoings.

 

25th May

 Offsite: Ofcom Get Political...

Link Here
Ofcom censure Iranian Press TV for interview with arrested journalist

See article from guardian.co.uk

 

25th May

 Offsite: Secret Extent...

Link Here
Full story: Super Injunctions...Granting super powers to rich gaggers
Independent counts 333 gagging orders in the past 5 years

See article from independent.co.uk

 

23rd May

 Offsite: Swearwords and Parental Guidance...

Link Here
If the Guardian were a film, what BBFC rating would it get?

See article from guardian.co.uk

 

19th May   

Update: Searching for Defiance...

Google not impressed by UK website blocking measures in the Digital Economy Act
Link Here
Full story: Digital Economy Act...Clause 11 grants government control of the internet

Google's executive chairman, Eric Schmidt, has warned that government plans to block access to illicit filesharing websites could set a disastrous precedent for freedom of speech.

Speaking to journalists at Google's Big Tent conference in London, Schmidt said the online search giant would challenge attempts to restrict access to the Pirate Bay and other so-called cyberlocker sites,  part of government plans to fight online piracy through controversial measures included in the Digital Economy Act.

Schmidt described website blocking as akin to China's restrictive internet regime:

I would be very, very careful if I were a government about arbitrarily [implementing] simple solutions to complex problems, he said. So, 'let's whack off the DNS'. Okay, that seems like an appealing solution but it sets a very bad precedent because now another country will say 'I don't like free speech so I'll whack off all those DNSs' -- that country would be China.

It doesn't seem right. I would be very, very careful about that stuff. If [the UK government] do it the wrong way it could have disastrous precedent setting in other areas.

Speaking at the same conference, the culture minister, Jeremy Hunt, said plans to block access to illicit filesharing websites were on schedule. He admitted that a challenge of the controversial measure is deciding which sites get blocked.

Ofcom is due to present its report on the practicability of the site-blocking measures included in the DEA to Hunt in the coming weeks.

 

19th May   

Update: Successfully Avoiding the Point...

Nominet domain seizure debate discusses everything but
Link Here
Full story: Internet Domain Censorship...In the Domain of Nominet internet censorship

Nominet, the .uk domain name manager, yesterday held its inaugural .uk Policy Forum, a talking shop designed to give stakeholders a chance to voice their opinions about internet governance.

Over the last year or so, law enforcement in the UK and US have started to zero in on top-level domain name registries -- such as VeriSign in the US for .com and Nominet for .uk -- as a useful choke-point that can be squeezed to shut down supposedly criminal activity online.

Yesterday's event, subtitled Protection & Trust , heard from lawyers, advocacy groups, journalists, law enforcement and government, and covered topics from porn-filtering by ISPs to balancing free speech rights against the needs of law enforcement in an increasingly complex international environment.

Every attendee we spoke to yesterday called the event a success, an unprecedented venue to air views about the wider internet governance debate. A similarly positive sentiment was recorded on Twitter (#nominetpf), but this reporter was surprised by the lack of discussion about Nominet's actual powers.

As the .uk registry, Nominet has the ability, if not necessarily the authority, to unilaterally remove any .uk domain name from the internet. Whether yesterday's debate focused on security, anti-pornography measures, copyright enforcement, or freedom of speech, the exercise of this power over internet addresses was arguably the only real, practical, underlying issue.

Yet Nominet itself barely merited a mention. The organisation sometimes felt the like the elephant in the room at its own conference. Its brand was on every PowerPoint slide, but it was not until the final minutes of the very last session that any panelist started to talk in any depth about its policies. Even then, they were hurried on by moderator Sarah Montague in the interests of timing.

 

17th May   

Updated: Unlawful Killing...

The film the British won't get to see
Link Here

My documentary about the Diana inquest will be shown everywhere but the UK. Here's why

The internet is a global lavatory wall, a Rabelaisian mixture of truth, lies, insanity and humour. I felt its power and madness this week, when an excerpt from my new film, Unlawful Killing, was leaked on to YouTube and seized on by US conspiracy theorists, who immediately began claiming that the CIA had murdered Princess Diana, thereby allowing others to dismiss my documentary as mad.

Deriding its critics as mad is an age-old British establishment trick. My inquest of the inquest film contains footage of Diana recalling how the royals wanted her consigned to a mental institution, and the inquest coroner repeatedly questioning the sanity of anyone who wondered if the crash was more than an accident. His chief target was Mohamed Al Fayed, a man I once profiled for a Channel 4 documentary. Before I met him, I'd half-believed the media caricature of him as a madman, driven nuts by the death of his son, and wildly accusing the Windsors of having planned the 1997 crash. However, I found a man who was sane and funny but frustrated that Britain wouldn't hold an inquest into his son's death. Michael Mansfield QC thought it unfair too, and fought for one to be held; which was why the longest inquest in British legal history eventually began in 2007.

...

Why is the film being premiered next week at Cannes, three years after the inquest ended? Because British lawyers insisted on 87 cuts before any UK release could be contemplated. So rather than butcher the film, or risk legal action, we're showing it in France, then the US, and everywhere except the UK.

...Read the full article

Update: Maybe

17th May 2011. See  article from  digitalspy.co.uk

Keith Allen has suggested that his Princess Diana documentary Unlawful Killing may be screened in London.

Speaking at a press conference for the film in Cannes, Allen said:

I haven't made any cuts of the 87 that were suggested, which is contributing to why the film isn't being shown in England. When you want to screen a film in England you have to have insurance, and the only way to get insurance is to be lawyer-approved. I could get lawyer approval if I made the 87 cuts, which I wasn't prepared to make.

It's an ongoing process, there's a chance it may be seen in England. We're in talks with the [BFI] London Film Festival and it could be shown there.

Update: Sydney Film Festival

25th August 2013.  See  article from  dailyadvertiser.com.au

A controversial documentary alleging dark forces in the British establishment covered up details of Diana, the Princess of Wales' death in 1997 will be screened at a Sydney film festival next month.

The screening of Unlawful Killing at the Sydney Underground Film Festival on September 7 and 8 is understood to be the only time it has been shown outside a private screening at the 2011 Cannes film festival and at an Irish festival.

It will be screened one day after the world premiere of Diana , a biopic starring Naomi Watts, in London on September 5.

 

13th May   

Update: Twitter Protection...

Latest privacy injunction specifically bans publication on social networking sites
Link Here
Full story: Super Injunctions...Granting super powers to rich gaggers

The first injunction specifically banning the publication of information on Facebook and Twitter was issued yesterday.

The far-reaching order was issued in the Court of Protection in the case of a mother who wants to withdraw life support from her brain-damaged daughter. It prevents the identification of the woman, her relatives and those caring for her.

Legal experts said they had never seen an injunction which specifically barred publication of information on social networking websites.

John Hemming, the Liberal Democrat MP who is campaigning against the excessive use of gagging orders, said: They are like King Canute, the tide will keep coming in no matter what they do. The problem the courts have is Twitter is not registered in the UK and is therefore outside British jurisdiction. What they are saying is unrealistic. This is about life and death and I don't think it's acceptable, there is a real issue with transparency. The Court of Protection operates in a bubble -- it's out of touch with the real world.

 

12th May   

Update: At the People's Court...

Jon Gaunt gets his day in the Court of Appeal
Link Here
Full story: Jon Gaunt and Talksport Nazis...Talksport sack radio presenter over Nazi jibe

Radio presenter Jon Gaunt has put his case to the Court of Appeal. He contended that his right to freedom of expression was violated by a decision to uphold complaints about him calling an interviewee a Nazi.

Gaunt, whose contract was terminated by TalkSport in November 2008, 10 days after the exchange with councillor Michael Stark, says media watchdog Ofcom's response was disproportionate .

His QC, Gavin Millar, told three judges headed by the Master of the Rolls Lord Neuberger that context is everything when considering rights under Article 10 of the European Convention.

Last summer, Gaunt, supported by Liberty, challenged Ofcom's June 2009 finding that the interview failed to comply with the broadcasting code but the High Court backed Ofcom.

The judges have indicated they will give their decision at a later date.

 

10th May   

Update: TalkTalk BlockBlock...

British ISP starts a website blocking service for children
Link Here
Full story: Internet Blocking Adult Websites in UK...Government push for ISPs to block porn

One of the UK's largest ISPs has launched network-level website blocking aimed at protecting subscribers' children and their computers. While reports of HomeSafe's ability to block access to viruses, pornography and violent content has been widespread, it also blocks file-sharing sites and even information about file sharing at torrentfreak.com .

The package offers various services

  • Virus Alerts which blocks sites (or sections of sites) known to be infected with malware.
  • Homework Time , a feature which allows parents to grant kids access to the Internet for educational purposes, but stops them in their tracks should they attempt to become distracted by social networking sites such as Facebook.
  • KidsSafe, offers parents a set of controls to stop their kids (or indeed anyone else using a TalkTalk Internet connection) from accessing violent, pornographic or gambling content.

TalkTalk is stressing that HomeSafe is completely optional and is disabled by default. The list of blocked sites will not be made available.

 

10th May   

Update: Mosley Lashed by the European Court...

Max Mosley fails bid to force publishers to warn those effected by newspaper exposes
Link Here
Full story: Max Mosley Privacy...Max Mosley, spanking and Nazi sex

Ex Formula 1 boss Max Mosley has lost his European Court of Human Rights bid to force newspapers to warn people before exposing their private lives.

He said the Strasbourg verdict was disappointing but he may appeal, to keep fighting for tighter privacy laws: [I'm] obviously disappointed, but it's satisfying that they've been extremely critical of the News of the World.

Mosley won his 2008 High Court battle after a judge ruled there was no justification for the News of the World's front-page article about him paying five women to take part in a sado-masochistic orgy.

The tabloid reported that the orgy involving Mosley, the son of fascist leader Oswald Mosley, had Nazi overtones, but this was rejected by the judge.

Although he was awarded £ 60,000 damages, everyone had learned the details of his sexual preferences, and he argued money alone could not restore his reputation. He said once a story had been published, you could not un-publish it, and the damage had been done.

He took his case to the Human Rights Court, challenging UK laws which allow publication without giving targets advanced warning. The court clearly had some sympathy for Mosley's individual case, but said it had to look more broadly and assess the balance between an individual's right to privacy and the media's right to freedom of expression under the UK's legal system.

The UK, along with other contracting states, has a margin of appreciation - ie some leeway in the way it protects people's right to privacy. Taking that into account, the court found that the mix of rights and remedies available to people in the UK - which includes actions for damages, injunctions when the person knows of an imminent story, and regulation of the press through the Press Complaints Commission - sufficiently protected their privacy. It also feared that a general requirement of prior notification risked having a chilling effect on serious investigative journalism.

 

9th May   

Update: There's No Twitter Smoke Without Fire...

Twitter user stirs things up by naming celebrities claimed to have taken out super injunctions
Link Here
Full story: Super Injunctions...Granting super powers to rich gaggers

A Twitter user named InjuctionSuper has stirred things up with some celebrities who he claims to have obtained super-injunctions to prevent publication of details of their private lives.

The press say that some of these claims are not true but of course they cannot say which these are nor can they confirm any false names.

The use of super injunctions seems ever present in the news these days and seems to be causing much disquiet. A report by a committee set up by the Master of the Rolls - the most senior civil law judge at the Court of Appeal - will report on their use later this month.

BBC legal correspondent Clive Coleman said it will have to grapple with the issue of publication online.

If it doesn't the super or secret-injunction may no longer be an effective tool in the administration of justice, he said.

Media lawyer Charlotte Harris, of Mishcon de Reya, said the stories subject to super-injunctions were quite often cases of nasty blackmail . She said: You should be allowed to end a relationship with somebody, whether you are married or not, without having that person say 'right, I'm going to go to the paper, I'm going to destroy your life, I'm going to tell everybody every intimate thing about you'.

A lawyer who acts for newspapers suggested the viral effect of postings on social media websites could make a mockery of super-injunctions. Niri Shan, head of media law at Taylor Wessing, added: You can get an allegation that is made but before you know... it goes to potentially millions of people. Although people don't take these allegations as seriously as newspapers they certainly have a detrimental effect.

 

29th April   

We Are Not Amused...

Australian TV show banned from joking about royal wedding
Link Here

The Australian TV show The Chaser, which had planned an irreverent commentary to accompany images of the ceremony, has been pulled from ABC2's schedule, after learning that footage of the event is banned from being used in any comedy or satirical program.

ABC TV director Kim Dalton said he was surprised and disappointed that The Chaser could not be aired, while one of the show's stars, Julian Morrow, described the rule as out of step with a modern democracy.

Clarence House, which oversees the affairs of Prince William and drew up the broadcast contract with the BBC, issued a statement saying that it was standard practice for these kinds of religious ceremonies to include a clause which restricts usage in drama, comedy, satirical, or similar entertainment programs.

Organizations championing freedom of expression have questioned whether the royals should have the right to impose such restrictions, especially given that the taxpayer will pick up most of the costs involved in organizing the event.

Padraig Reidy, news editor at Britain's Index on Censorship, describes the royal family's control of the coverage as bizarre. He adds that plans for preemptive arrests and restrictions on the right to protest were even more concerning, branding as unprecedented the police's intended approach.

 

28th April   

Every Little Helps...

Police censor public screening of film about the Bristol Tesco Riot
Link Here

An unofficial screening of a film showing footage of a riot in Bristol has been blocked by the police.

A large number of people had been expected to attend the event in a park in the city after advertising had been posted online.

The free Riot Special , which has been organised by Occasional Cinema, was due to take place in Mina Park, in the St Werburghs area of the city.

It was to show footage recorded last Friday night by citizen journalists during the riot in the Stokes Croft area. The advert stated: After the spectacular events of last week we present an evening of citizen journalist footage from the riot and discussions on how police tactics failed so miserably.

However, before the event could start Avon and Somerset Police used legislation to prevent the screening. A force spokeswoman said: The group was dispersed under legislation available to the police to maintain public safety and reduce the risk of potential disorder.

Bristol City Council, the owners of the land, also supported this decision. The organisers have now engaged with the police and the event has been moved to a privately-owned property nearby.

Even there the police tried to stop the screening claiming that gathering constituted a rave under the Criminal Justice Act.

Chief Inspector John Holt claimed: This was not about censorship. We believed there was a very real risk to the local community if the screening were to go ahead in a public park. We would always encourage people wishing to organise outdoor events to engage with us so that they can go ahead safely, peacefully and without disruption to local residents.

 

27th April   

In fact it was a little bit frightening...

Ludicrous easy offence at a beach bar performance of Carl Douglas' Kung Fu Fighting
Link Here

A pub singer has been arrested on supposed suspicion of racial harassment after singing King Fu Fighting in front of two Chinese people.

Carl Douglas had a hit with the song in 1974

Simon Ledger says he fears he will end up with a criminal record for performing the disco classic at a seafront bar on the Isle of Wight on Sunday after two people walking past apparently took offence.

After striking up the melody in front of customers at the weekend he noticed a man of Chinese origin walking past with his mother, making gestures at him and taking a picture on his mobile phone.

He said that he later received a telephone call from police - while he was dining in a Chinese restaurant - asking him to meet officers about the incident. He was then arrested and questioned before being bailed.

 

24th April   

Angering Greek Gods...

Dangerous email wipes out 5% from the worth of Greek banks
Link Here

A London trader will be questioned by police after he was accused by Greek authorities of allegedly sending an email which sent markets crashing.

Paul Moss who works at the London-based Citigroup allegedly sent an email from the Canary Wharf office and said Greece would restructure its debt as soon as the weekend.

He is now being accused of causing a 4.6% drop in Greek bank shares.

The country has been excluded from financial markets because of the crippling debt crises it suffered last year. However, authorities have constantly tried to ease investment fears by saying the debt is manageable.

Greek police confirmed they had recovered a computer from the US bank Citigroup and plan to question Moss about the damaging email .

 

23rd April   

Update: Old Firm Censors...

Scottish Labour and Greens call for more internet censorship of football sectarianism
Link Here
Full story: Football Sectarianism...Sectarian Rangers football song wind up

Scottish Labour has called for more censorship of sectarian internet sites.

It was noted that there have been no prosecutions in recent years in connection with the internet bile that attaches itself to Rangers and Celtic.

Solicitor General Frank Mulholland has indicated that such offences will soon be punishable by up to five years in prison.

But Labour's community safety spokesman James Kelly said:

It's clear from recent days that there are still instances of online campaigns which are sectarian in nature and are unacceptable.

As well as condemning that behaviour, the authorities should be doing all in their power to try and clamp down on that. The job for a future parliament is to look at the laws around the internet and examine whether they're tough enough or not - and if they're not, look to beef those up.

It's not just a case of saying that these online campaigns are unacceptable and we want the authorities to act. We must ensure that the authorities have got the appropriate tools in legislation at their disposal to clamp down on this.

Two youth footballers with Scottish senior clubs have been dismissed in recent days over online comments. Max McKee, an under-19 player with Clyde, was sacked after posting on Twitter: Somebody needs to hurry up and shoot Neil Lennon. Berwick Rangers youth player Keiran Bowell was dismissed for an online post which said he wished Lennon had been killed.

Scottish Greens co-leader Patrick Harvie said ISPs and hosting companies must take the same degree of responsibility as newspapers or magazine publishers in policing their content: If an ISP or a hosting company is having their service abused, or is allowing it to be abused in that way, they need to take action to cut people off.

See  article from  independent.co.uk

Police were said to be preparing to raid the homes of people allegedly involved in Old Firm internet hate campaigns.

An operation to target people posting racial and religious hate comments about Old Firm stars such as Celtic manager Neil Lennon and Rangers striker El Hadji Diouf is planned ahead of the two teams meeting at Ibrox on Sunday. it was reported.

The Daily Record newspaper said that the addresses were identified with the help of the ISPs.

 

21st April   

Update: Celebrity Judge...

Yet another gagging order with an even more far reaching scope
Link Here
Full story: Super Injunctions...Granting super powers to rich gaggers

A High Court judge has issued an unprecedented gagging order in an attempt to prevent details of a television star's private life being published, even on the internet.

Mr Justice Eady, who has been at the centre of most recent controversial libel and privacy cases, made the injunction against the world rather than just against national newspapers and broadcasters.

His order seeks to prevent the publication of intimate photographs of a married public figure after a woman tried to sell them for a large sum of money .

The judge said the woman owed the unidentified claimant a duty of confidence and breaching his privacy would damage the health of the man and his family.

His order is intended to cover discussion of the case online as well as in traditional media, despite the difficulties in enforcing it.

The injunction contra mundum is intended to be never-ending and, as its Latin name suggests, applies to the entire world.

It is understood that it is the first time that such an order has been granted in a privacy case.

The ruling takes secrecy laws to a new level, marking a further advance in the steps the courts are prepared to take to protect high-profile figures and to restrict the right to freedom of expression.

 

16th April   

Update: Standing Up for British Humour...

Stephen Fry organises benefit gig to help Paul Chambers appeal his conviction for tweeting a supposedly menacing joke
Link Here
Full story: Police Twitter Twits...Man charged over terrorism quip on twitter

  Comedian Stephen Fry has said he is prepared to go to prison over the Twitter joke trial. Fry was appearing at a benefit gig for Paul Chambers who is appealing to the High Court against his conviction for sending a supposedly menacing communication. He had tweeted: Robin Hood Airport is closed. You've got a week... otherwise I'm blowing the airport sky high!

The benefit gig, at London's Bloomsbury Theatre, aimed to raise funds for Chambers' appeal. Freedom of speech. Among the other celebrities lending their support to the fundraising evening were Al Murray, Rufus Hound, Katy Brand and Father Ted writer Graham Linehan.

Fry argued that Chambers' tweet was an example of Britain's tradition of self-deprecating humour and banter. Appeal funds This [verdict] must not be allowed to stand in law, Fry said, adding that he would continue to repeat Chambers' message and face prison if that's what it takes .

Chambers' lawyer, David Allen Green, also addressed the audience, briefing them on the key details of his case. 'Speak freely' Although he was careful not to criticise the courts, he said the decision to find his client guilty does not make me proud to be an officer of the court . We should be able to have banter. We should be able to speak freely without the threat of legal coercion.

Chambers' appeal is likely to go before the High Court later this year.

 

16th April   

Updated: A Burning Challenge to Democracy...

Election candidate gets Koran burning charges dropped
Link Here

A British National Party election candidate accused of publicly burning a copy of the Koran has been freed after the charge against him was unexpectedly dropped. He had uploaded a video of his burning a Koran in a private garage saying : I am burning the Holy Koran and I hope that you Muslims are watching.

Sion Owens was arrested and charged at the weekend under Section 29 (probably meant Section 4A) of the the much abused Public Order Act. The BNP candidate in next month's Welsh Assembly elections spent the weekend in custody.

He has been warned that police are continuing to investigate the alleged incident and to expect further action. It is understood that his release was due to a technicality regarding the Act under which he was arrested and charged.

Offsite Update: Koran burning was on a private video and was not made public

16th April 2011. Based on article from spiked-online.com by Patrick Hayes

Something very odd happened at the weekend. A 40-year-old member of the far-right British National Party (BNP) was arrested for burning a copy of the Koran in his own back garden. Yes, it is apparently now a crime to express your disdain for a certain religious faith in the privacy of your own home. But that's not the end of it. What makes this case especially odd is that the man in question - Sion Owens - was reported to the police by a broadsheet newspaper that claims to be liberal: the Observer. Since when has it been the job of the respectable, left-leaning press to grass people up to the cops for alleged speech crimes?

When spiked looked into this strange story, we discovered that there are some major disagreements at the Observer in relation to it. The crime correspondent defended the Observer's actions, but one of the paper's top columnists questioned the wisdom of reporting a private expression of ideas to the authorities.

Owens, a senior member of the BNP who lives in south Wales, does seem to be an odd individual. Going into his garden, placing a Koran in a metal Quality Street box, dousing it with flammable liquid and then setting it alight while a colleague filmed him - it was a stupid and childish act. However, it was done in a private garden. So regardless of the fact that it was videoed, this was a form of private expression, and therefore none of the state's business.

...Read the full article

 

11th April   

Update: Nutters See Sexualisation Everywhere...

Preliminary releases from the review, Commercialisation and Sexualisation of Childhood
Link Here
Full story: Sexualisation...Sexualisation as reported by Linda Papadopoulos

  Historically sexualised

The review, Commercialisation and Sexualisation of Childhood,  is due out next month. It claims that nine out of 10 parents think that their children are growing up too quickly because of increasing sexualisation and commercial pressures, mainly from the internet and television.

The review has found that direct advertising through mobile phones was the marketing tool that most angered parents, with 35% believing it wrong. Products linked to social networking websites which invite children to click on them were second on the list of features to upset parents.

Although mothers and fathers want their children to have a mobile phone for safety and social reasons, they now realise it leaves them powerless to stop access to inappropriate internet sites, including pornography, the review claimed.

The review, conducted by Reg Bailey, the chief executive of Mothers' Union, a Christian charity, has also claimed growing concerns about the exposure of children to sex on television.

In a poll of 1,000 parents, the review has found 41% said that in the previous three months they had seen television programmes or advertisements before the 9pm watershed that they considered wrong for their children to view because of their sexual content. 40% said they had seen window displays or advertising hoardings inappropriate for children.

Bailey is unlikely to call for new legislation, but will argue that the process for parents to lodge complaints should be strengthened and simplified.

Parents concerns are said to include:

  • Children are growing up to quickly and behaving in an overtly sexual manner before they are old enough to really understand what sexually provocative behaviour means.
  • Celebrity culture, adult style clothes and music videos are encouraging children to act older than they are.
  • Lack of responsibility from business and government in allowing advertising to children.
  • Too many clothes, toys, games, music videos or other products that are inappropriate for the age group they were aimed at.
  • The use of phone and text adverts when promoting products for children.
  • The increasing pressure to buy non-essential items for their children so they don't feel left out.
  • Public places (shop window displays, advertising hoardings) that they felt were inappropriate for children to see because of their sexual content.
  • Programmes or adverts on TV before 9pm watershed that they felt were unsuitable or inappropriate for children due to their sexual content.

 

5th April

 Offsite: Awesomely Bad Policing...

Link Here
Operation Ore was based on flawed evidence from the start

See article from theregister.co.uk

 

4th April

 Offsite: Hyper-Secrecy...

Link Here
Full story: Super Injunctions...Granting super powers to rich gaggers
New gagging orders stretch right into the heart of parliament

See article from guardian.co.uk


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