Tag Archives: Legal

Iranian blogger jailed for 19 years

An Iranian journalist and blogger has been sentenced to almost 20 years in prison and a five-year ban on working in politics or journalism upon his release, after being accused of managing an “obscene website” by Iranian authorities.

Hossein Derakhshan, who has dual citizenship in Iran and Canada and reportedly previously studied in London, was convicted yesterday of “collaborating with hostile governments, committing blasphemy and propaganda against the Islamic Republic, and managing an obscene website”, according to a report by Al Jazeera.

Reporting on the ruling, press freedom group Reporters Without Borders said the sentence was the longest to have ever been made against a blogger in the country.

He is the victim of political rivalry within the government and the case against him was fabricated. We urge President Mahmoud Ahmadinejad to intercede personally in order to obtain his release without delay.

Derakhshan defended the Islamic Revolution’s principles, supported Ahmadinejad’s policies and returned to Iran from Canada after being assured by people close to the president that he would not be arrested. Canada and the rest of the international community must press for this harsh sentence to be quashed and for Derakhshan to be freed at once.

Derakhshan can appeal the decision, according to reports. A petition has been launched calling for his release.

Reuters: Google forced to pay €5,000 damages to former convict over search suggestions

Google has been ordered by a French court to pay €5,000 damages to a former convict after the search engine suggested words including “rape”, “rapist” and “prison” when his name was typed.

According to the report, the claimant, who has not been named, served time in prison after being convicted of corrupting a minor.

Google has said it will appeal the decision, which was published earlier this month, according to Reuters’ report.

The man argued that the words produced by the suggestion function on the search engine were damaging to his reputation.

Full story from Reuters at this link…

Reporters Without Borders joins Le Monde in complaint against Sarkozy’s office

Press freedom group Reporters Without Borders (RSF) has announced it will become a joint plaintiff in a complaint filed by French newspaper Le Monde, which accuses government officials of violating new legislation intended to protect the secrecy of journalists’ sources.

Le Monde claims that an intelligence service was used by the French President’s office to identify a source used in a story on L’Oreal heiress Liliane Bettencourt and donations made to President Sarkozy’s 2007 election campaign.

Full story on RSF at this link…

New survey looks at independent online publishers’ experiences of media law

Last month former Journalism.co.uk reporter Judith Townend conducted a survey into UK independent online publishers’ experience of media law.

It’s worth reading the findings from 71 respondents in full, especially the answers from participants on how they get legal advice and help. For independent sites (or those with a staff of fewer than 10) the reasons behind setting up the site have a strong influence on how they handle with legal complaints, as one publisher explained:

One publisher said a potentially tricky problem went away without any response on their part, after they were contacted by a company that had been the subject of a user’s comment on the site: “Chose to play dead and not respond to [the email] and wait and see… [we] would have removed item if legally threatened – not close enough to our own cause to be worth a big fight. Have heard no more though.”

For those writing for a campaigning purpose or who are highly critical of others in their writing, legal issues aren’t going to deter them from continuing their fight, it seems. For others, libel, copyright and other issues haven’t yet been a problem because their subject matter or publishing style hasn’t yet caused these conflicts.

Many others use a network of peers and through social media to source legal pointers and advice, often avoiding costly fees. But there’s a sense from respondents that this ad hoc approach, while useful, may not stand greater legal stress or develop as quickly as a publisher’s own needs.

Full survey results are available on Meeja Law at this link…

The Spectator: Alan Rusbridger backs Lord Lester’s defamation bill

Writing for the Spectator, Guardian editor Alan Rusbridger gives his views on libel legislation in the UK and its effect on press freedom. Rusbridger gives his backing to Lord Lester’s defamation bill:

Lester is optimistic that the government will stick to its promise in its May coalition agreement to back libel reform. Let’s hope he’s right. We pride ourselves as the country which invented free speech – Milton, Wilkes, Cobbett and the rest. We’ve been in some danger of losing it.

Full article on the Spectator at this link…

Ed Walker: Legal challenges in the online newsroom

Online journalists should check out this really useful post by Ed Walker, online communities editor for Media Wales, looking at some important questions surrounding the legal challenges for online news outlets.

Prompted by a bit of media law refresher training, Walker refers to three scenarios in particular, which were put to him during training and undoubtedly reflect events in newsrooms on a daily basis:

  1. What to do when faced with a rolling crime news story: how should you cover each new piece of information? How can you ensure the content on your site is contemporaneous?
  2. How should you use content from social media, if at all. How should journalists be using social networks? Is it fair to use quotes from comments on people’s walls? What about photographs? Who would the copyright belong to?
  3. How should you deal with comments on stories? Should you pre or post-moderate? Should every story be allowed them? Should journalists respond?

While you’re thinking about what you would do, read his post in full here to see what solutions his training group came up with.

Newspaper Society: New law for family court will cause ‘regime of secrecy’

The Newspaper Society has presented a submission to the House of Commons’ Justice Select Committee, claiming that reporting restrictions within the Children, Schools and Families Act 2010 that aim to protect privacy within family court proceedings will result in a “regime of secrecy”.

The select committee announced it would carry out an inquiry into confidentiality and openness in family courts – partly in light of the new legislation and invited submissions from interested parties. In its submission the Newspaper Society claims the Act will place more restrictions on the press and not allow for greater public confidence in the system:

The NS says that although the media warmly supported the previous government’s aim of increasing openness and transparency and improving public confidence in the family justice system, its conclusion, regretfully, is that the Act will not achieve this.

(…) The NS points out that the Act’s effect is apparently to make it a contempt of court to publish any article referring to family proceedings, even if derived entirely from material already in the public domain and even if the parties were not identified, if the publication was not derived from an “authorised news report”.

Reporting on its submission the Newspaper Society added that the complexity of the Act may also deter press coverage altogether, concluding:

[T]hat the intention of increased transparency has been lost in the Act’s drafting, that the aim of achieving privacy for the families has been conflated into a renewed regime of secrecy which – if the relevant provisions in the Act are brought into force unamended – will not only fail to deliver the desired public accountability but will represent a major reduction in what can now be lawfully published, and will actually further reduce public debate and discussion of the family justice system.

Inforrm: European court rules in favour of right not to disclose material revealing sources

The International Forum for Responsible Media blog has posted details of an interesting judgement this week by the Grand Chamber of the European Court of Human Rights, which centres on the rights of journalists to protect confidential sources.

In the case of Sanoma Uitgevers BV v Netherlands, the court held unanimously that the requirement of the applicant to provide material to the public prosecutor was not prescribed by law and violated Article 10 of the European Convention on Human Rights.

The case refers to journalists from a car magazine who had attended an illegal car race and taken photographs in 2002. The authorities had demanded the journalists hand over their images to police.

Following ongoing legal disputes, which led to the material being surrendered and then later returned to the magazine, the case came before the European Court of Human Rights. The magazine challenged the legalities surrounding the disclosure of information to the police that would have revealed their journalists’ sources. In its original judgement, dated 2009, the court found that “the information contained on the CD-ROM had been relevant and capable of identifying the perpetrators of other crimes investigated by the police and the authorities had only used that information for those purposes”.

But following the referral of the case to the Grand Chamber this week, which included a media intervention by bodies including the Guardian News and Media and the Committee to Protect Journalists, the court held that Article 10 of the European Convention on Human Rights had been violated and awarded the claimants 35,000 Euros for costs and expenses.

The Inforrm blog has more background information on the case and a link to the judgement in full.

Jack of Kent: Putting phone hacking into legal context

Following the recently renewed phone hacking allegations aimed at the News of the World, lawyer and writer David Allen Green has a useful post on his Jack of Kent blog putting the issues into legal context, outlining the laws which apply to the unauthorised interception of voice messages.

He advises that this includes Section 48 of the Wireless Telegraphy Act 2006 where a person commits an offence if they make unauthorised use of “wireless telegraphy apparatus” with intent to obtain information, and Sections 1 and 2 of the Regulation of Investigatory Powers Act 2000 which rules that it is a criminal offence and a tort to unlawfully interfere with any communication during transmission.

Green provides detailed references to each relevant law and also provides links to guidance by the Crown Prosecution Service.

See his full post here…

Inforrm Blog: Are celebrity injunctions really a threat to press freedom?

The International Forum for Responsible Media blog adds to the ‘public interest versus privacy’ debate this week, following the issuing of what is understood to be three so-called ‘gagging orders’ this month to prevent the press from publishing information reportedly relating to footballers.

According to reports by the national press, including the Daily Mail, the Guardian and the Press Association, concern has grown over the threat to press freedom posed by such injunctions. In the most recent case, the information in question is reportedly from a stolen mobile phone. How can the measure of being ‘in’ the public interest be applied here, the Inforrm blog asks.

In these circumstances, it is difficult to see what the press are complaining about. Is it seriously being argued that they should be free to publish information derived from stolen mobile phones? If not, then why does the injunction “raise concerns” at all? Does it illustrate a “threat to press freedom” or, rather, the unthinking press reaction to any kind of injunction – which is condemned without any kind of thought or analysis.

The press might like to consider the following question. Does the fact that there have been three privacy injunctions in August illustrate a growing threat to freedom of the press or does it show that, despite the best efforts of the PCC, certain newspapers continue to be in the market for private information the publication of which has no public interest justification?

Earlier this month, according to a report by the Daily Telegraph, Justice Minister Lord McNally said there is a “general consensus” in favour of a law that “clarifies, consolidates and removes some of the more dangerous aspects” of privacy law. But others argued that current legislation was sufficient and that a defence of public interest will often fail to stand up against injunctions preventing the publication of celebrities’ private information.

See the full post here…