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IRIS 2016-4:1/14 [GB] Court of Appeal rules on principle of “open justice” and national security

Erol Incedal, a 28-year-old law student from south London, was arrested in October 2013 and found to be in possession of a bomb-making manual on a memory card hidden inside his mobile phone case. He had been stopped for speeding in an E-class Mercedes, and a piece of paper inside his glasses case had a note of the address of a property owned by ex-prime minister Tony Blair and his wife. Following an almost totally secret trial, he was cleared of plotting a terrorist attack on the streets of London but was imprisoned for having the manual in his possession. Only 10 of the almost 70 hours of evidence...

IRIS 2016-4:1/1 European Court of Human Rights: Arlewin v. Sweden

On 1 March 2016 the European Court of Human Rights (ECtHR) found Sweden in breach of the European Convention on Human Rights (ECHR) because it had denied access to court to a person who wanted to bring defamation proceedings in Sweden arising out of the content of a trans-border television programme service (TV3), suggesting that they resort to the jurisdiction of the United Kingdom. The European Court is of the opinion that requiring a Swedish national to bring defamation proceedings in the UK courts following an alleged defamatory TV programme broadcasted by the London-based company Viasat Broadcasting...

IRIS 2016-3:1/19 [GB] Ofcom finds BBC breach of privacy was warranted in the particular circumstances

Ofcom has decided that although the BBC had entered private premises without permission, the invasion of privacy on this occasion was warranted because of public interest considerations. The complaint was made against BBC1’s “The Dog Factory”, a documentary concerning the dog trade in Scotland and Northern Ireland, broadcast on 19 May 2015. The owner, Mr David Hamilton, of “The Furnish Kennels” in Northern Ireland, complained that the BBC had interfered with his privacy by filming in the middle of the night on his property without his permission, thus leading to adverse effects on him and his business. The...

IRIS 2016-3:1/18 [GB] Dwarf joke in breach of Broadcasting Code

A well-known UK comedian (Jimmy Carr) was interviewed on an early-evening (7 p.m.) magazine show on BBC1 on 4 November 2015 to promote his new touring show. In the course of the interview, he retold a joke which he described as his “shortest”-ever joke - “in two words Dwarf shortage”. And he then said, “if you’re a dwarf and are offended by that - Grow up!” Towards the end of the programme, the anchor said that “we” are sorry if anything had been said on the show which might have been “close to the mark”. The comedian had also before that repeated a joke about a Welsh man which implied he had sexual...

IRIS 2016-3:1/17 [GB] Court of Appeal upholds damages awards in phone-hacking cases

The Court of Appeal determined Mr Justice Mann’s damages awards in the High Court judgment of Gulati and Others v MGN Limited for invasion of privacy, including phone hacking, were justifiable and reasonable (see IRIS 2015-7/18). The defendant newspaper proprietor, MGN Limited (MGN) appealed to the Court of Appeal on four grounds arguing the awarded damages were excessive. MGN’s grounds for appeal were as follows: (a) the award should have been limited to damages for distress; (b) the awards were disproportionate when compared with personal injury awards (general damages); (c) the awards were disproportionate...