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  • Miranda: the Court of Appeal’s interpretation of “terrorism”

    Carl Gardner
    January 19, 2016

    I’ve already criticised what I think is a fundamental contradiction undermining the Court of Appeal’s judgment in the Miranda case. But there’s another aspect of the judgment that I must mention, which may well be of more lasting […]

    Tags: Court of Appeal, freedom of expression, human rights, interpretation, judicial review, terrorism
  • The self-contradictory Miranda appeal ruling

    Carl Gardner
    January 19, 2016

    I’ve been following for some time David Miranda’s challenge to the lawfulness of his questioning at Heathrow airport in 2013. I wrote shortly after his detention; I covered his application for an injunction;

    Tags: Court of Appeal, freedom of expression, human rights, judicial review, terrorism
  • Press regulation Royal Charter, final draft: my detailed comments on the new provisions

    Carl Gardner
    October 15, 2013

    I’ve spent some time looking at the final draft of the Royal Charter – so I want to share my thoughts with you. If you click the bottom left of the viewer, you’ll see in fullscreen view, highlighted, the key […]

    Tags: constitution, freedom of expression, government, media law, northern ireland, scotland
  • Miranda v Home Secretary: today’s hearing and order

    Carl Gardner
    August 22, 2013

    Today’s hearing at the High Court before Lord Justice Beatson and Mr Justice Kenneth Parker was interesting, and not just because of the order they made. But let me turn to that order first.

    The court has ordered that until a […]

    Tags: freedom of expression, government, injunctions, media law, police, terrorism
  • The press regulation jigsaw’s missing piece: writers

    Carl Gardner
    March 28, 2013

    In Monday’s Lords debate about the new press regulation provisions inserted into the Crime and Courts Bill, one line stands out above all. Discussing an amendment about the vicarious liability of publishers, justice minister Lord McNally said (column 876):

    the […]

    Tags: freedom of expression, legislation, media law, parliament
  • Press regulation: the international aspect

    Carl Gardner
    March 26, 2013

    An exchange in last night’s Lords debate on the new press regulation clauses in the Crime and Courts Bill revealed a little-noticed – and no doubt to some, astonishing – aspect of the proposed system: it covers foreign publishers.

    Lord […]

    Tags: eu law, freedom of expression, human rights, international, legislation, media law, parliament
  • Why press regulation should cover blogs

    Carl Gardner
    March 24, 2013

    In my last post, I said I was worried that the press self-regulation scheme agreed by the main political parties (and to be underpinned by a Royal Charter and two pieces of legislation) would not offer bloggers what it offers […]

    Tags: freedom of expression, media law
  • The Leveson Royal Charter deal

    Carl Gardner
    March 23, 2013

    Just before Lord Justice Leveson reported in November, I wrote in support of statutory press regulation:

    Only legislation can require newspapers to submit even to their own enforcement of their own code …

    What statute – and no other arrangement – […]

    Tags: constitution, freedom of expression, government, media law, parliament, private life
  • Craig Murray’s Newsnight outburst: the law on anonymity should be tightened

    Carl Gardner
    August 21, 2012

    Last night on the BBC’s Newsnight, Craig Murray, the former British ambassador to Uzbekistan, named one of the women whose evidence has led Swedish prosecutors to seek the extradition of Julian Assange.

    I agree with those who think this was […]

    Tags: attorney general, crime, eu law, freedom of expression, legislation, media law, private life
  • Without Prejudice

    Carl Gardner
    March 9, 2012

    In Without Prejudice this week Charon QC chairs a free speech special.

    Nick Cohen, writer, journalist and author of You Can’t Read This Book joins barrister, policymaker and former Conservative candidate Joanne Cash, David Allen Green […]

    Tags: freedom of expression, human rights, podcasts
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