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  • Legal advice at the police station – French and Scottish style

    Carl Gardner
    October 20, 2010

    It used to be common in England to suggest that criminal justice was better in France or in Scotland. Well, each is another country, and they do things differently there. I’ve absolutely no doubt some of their laws are better. […]

    Tags: crime, france, human rights, police, scotland
  • Ray Gosling: prosecution is against the public interest

    Carl Gardner
    August 20, 2010

    The Crown Prosecution Service has issued a press release today saying it has decided that Ray Gosling should be prosecuted for wasting police time under section 5(2) of the Criminal Law Act 1967, following his Inside Out […]

    Tags: crime, freedom of expression, human rights, media law
  • Privacy law: there’s no need for “clarification”

    Carl Gardner
    August 18, 2010

    Following on from my post the other day about privacy and the notorious “back door”, I’m surprised Lord McNally has been taken in sufficiently to propose new privacy legislation to “clarify” the law and remove some of its […]

    Tags: freedom of expression, government, human rights, media law, private life
  • Smoking bans in Germany: Bavaria quits

    Carl Gardner
    August 13, 2010

    Two years ago now, I wrote that Bavaria’s ban on smoking in public buildings had been upheld by the German Constitutional Court. But it, or a new version of it, has recently been challenged again – and again upheld.

    Just […]

    Tags: german federal constitutional court, germany, health, human rights
  • Privacy law “through the back door”

    Carl Gardner
    August 12, 2010

    I’m baffled by the prevalence of the belief among journalists that judges are bringing in a privacy law “by the back door”. It’s the phrase the Telegraph uses when reporting the fact that the golfer and Ryder Cup captain […]

    Tags: freedom of expression, human rights, media law, private life
  • Draft Directive on the right to information in criminal proceedings

    Carl Gardner
    August 6, 2010

    This is the sort of thing that sends shivers down Eurosceptic spines. A couple of weeks ago the European Commission came out with this proposed Directive on suspects’ right in criminal proceedings.

    Tags: crime, eu law, human rights
  • Proposition 8, again

    Carl Gardner
    August 5, 2010

    Every summer I seem to write about gay marriage in California. At least, I did in 2008, then in 2009, and now I’m at it again. Because Judge Walker of the US District Court has ruled, in Perry […]

    Tags: family, human rights, legislation, US constitution
  • Fox v Federal Communications Commission

    Carl Gardner
    July 13, 2010

    On the day the High Court here has delivered a blow against the Foxification of our media, in the United States Fox TV (together with the big networks, CBS, ABC and NBC among others) has had a genuine legal […]

    Tags: freedom of expression, human rights, media law, US constitution
  • Gaunt v Ofcom

    Carl Gardner
    July 13, 2010

    I welcome today’s judgment today this judicial review, in which the radio talk show host Jon Gaunt failed in his challenge to Ofcom’s finding that an interview he gave in late 2008 breached the broadcasting code. And […]

    Tags: freedom of expression, human rights, media law
  • France, the veil and freedom of religion

    Carl Gardner
    July 9, 2010

    This week the French National Assembly has finally been debating the government’s proposed legislation banning the wearing of the “full face veil” – the niqab, burka or any other piece of clothing that hides the face. I wrote in […]

    Tags: france, human rights, religion
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