Sunday, 21 June 2009

Department of censorship of the Ministry of Free Speech

Censorship in the United Kingdom
In 1998, the United Kingdom incorporated the European Convention, and the guarantee of freedom of expression it contains in Article 10, into its domestic law under the Human Rights Act. UK law imposes a number of limitations on freedom of speech not found in some other jurisdictions. For example, its laws recognise the crimes of incitement to racial hatred and incitement to religious hatred. UK laws on defamation are also considered among the strictest in the Western world, imposing a high burden of proof on the defendant.

In 1988, UK Prime Minister Margaret Thatcher imposed a ban on the broadcasting of Sinn Fein leader Gerry Adams' voice. The ban lasted from November 1988 to 16 September 1994, and denied the UK news media the right to broadcast the voices, though not the words, of all Irish republican and unionist paramilitaries. To allow the continuation of news reporting on the subject, during a time when 'The Troubles' in Northern Ireland were a matter of great importance and interest, the BBC used actors to speak Adams' words. The net effect of the ban was to increase publicity.

UK defamation law may have recently experienced a considerable liberalising effect as a result of the ruling in Jameel v Wall Street Journal in October 2006. A ruling of the House of Lords - the highest UK court - revived the so-called Reynolds Defence, in which journalism undertaken in the public interest shall enjoy a complete defence against a libel suit. Conditions for the defence include the right of reply for potential claimants, and that the balance of the piece was fair in view of what the writer knew at the time.The ruling removed the awkward - and hitherto binding - conditions of being able to describe the publisher as being under a duty to publish the material and the public as having a definite interest in receiving it.

The original House of Lords judgment in Reynolds was unclear and held 3-2; whereas Jameel was unanimous and resounding.Lord Hoffman's words, in particular, for how the judge at first instance had applied Reynolds so narrowly, were very harsh. Hoffman LJ made seven references to Eady J, none of them favorable. He twice described his thinking as unrealistic and compared his language to “the jargon of the old Soviet Union.”

But someone is making money from all of this and its not the little guy

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