All human beings have three lives: public, private, and secret.
― Gabriel García Márquez
The European Union’s Court of Justice decision in Google Spain v Agencia Española de Protección de Datos, Mario Costeja González (“Google Spain”) confirmed the “right to be forgotten” for European citizens. This right is further enshrined in the upcoming General Data Protection Regulations (GDPR). Accordingly, European data protection law grants individuals a qualified right to have personal data relating to them removed from search engines.
This right is however considered by some to be a uniquely European phenomena, which resulted from one unusual CJEU judgement. Now, two upcoming cases against Google will be the first time in which the “right to be forgotten” will be considered by the English Courts.
Two unnamed claimants, known only as NT1 and NT2, are bringing a companion case against Google to enforce their right to be forgotten. (NT1 v Google and NT2 v Google,  EWHC 67 (QB) (Rev 3))
Continue reading ➞ Google prepares for the first “Right to Be Forgotten” trials in England
In October 1960, a jury formed at the criminal court in central London was asked to consider what would become one of the most important cases in modern English history. The trial concerned neither murder, treason, nor espionage, but the publication of D. H. Lawrence’s Lady Chatterley’s Lover by Penguin Books. In honour of Lord Jeremy Hutchinson QC, a member of the Penguin defence team who passed away yesterday, here is a reminder of why Regina v. Penguin Books was such an enormous decision for the freedom of expression.
First published in 1928, Lady Chatterley’s Lover tells the story of a young married woman, Lady Constance Chatterley. Her husband, Sir Clifford Chatterley, is handsome and wealthy, but paralysed from the waist down after injuring himself in the First World War. In addition to his physical (read: sexual) limitations, Clifford neglects Constance emotionally: her frustration leads to her affair with the estate’s gamekeeper, Oliver. A particular sex scene and liberal use of strong language including “fuck” and “cunt” led to it being banned in several countries.
Continue reading ➞ Lord Hutchinson, barrister who defended “Lady Chatterley’s Lover,” dies aged 102
this post is featured on the University of the Arts London’s intellectual property blog, creativeIP.org
♫♬ Now we’ve got problems / and I don’t think we can solve them (without lawyers…)
The right to freedom of expression is not an absolute right: there are certain restrictions in place to protect an individual’s reputation. But those restrictions vary significantly, depending on which side of the Atlantic you’re on. Considering the shared legal traditions of the United States and Great Britain, their differences on the issue of free speech is surprising.
In early September, PopFront published an article entitled “Swiftly to the alt-right: Taylor subtly gets the lower case kkk in formation.” Exploring the singer’s (somewhat convoluted, if not contrived) connections to the American alt-right, PopFront suggests Swift’s song “Look What You Made Me Do” resonates with Breitbart readers, Trump supporters, and white supremacists, et al. The article also shows a screenshot from Swift’s music video juxtaposed with a photo of Hitler, noting that “Taylor lords over an army of models from a podium, akin to what Hitler had in Nazi Germany.”
Continue reading ➞ Reputation: Taylor Swift’s protections under American and English defamation law
The BBC’s new show has been criticised for being “unnecessarily gruesome and brutal,” with some viewers saying they became physically ill due to the graphic torture and execution scenes. Is portraying such violence necessary to better understand the historical context of 17th century England, or simply too much for Saturday night primetime television?
Tonight is Bonfire Night! The “Gunpowder Treason Plot” of 1605 was a failed mass assassination attempt against King James I of England and VI of Scotland and the House of Lords. A group of English Catholics planned to blow up the Palace of Westminster, following which the Protestant King James would be replaced by a Catholic monarch. When Guy Fawkes was discovered guarding 36 barrels of gunpowder beneath the palace, the plot was foiled and the conspirators were subsequently executed.
Londoners celebrated King James’s survival by lighting bonfires around the city, as a “public day of thanksgiving.” Although it’s no longer an official holiday, there are still bonfires and fireworks around the country to remember remember the fifth of November.
Continue reading ➞ Gunpowder on Primetime: were torture and execution scenes too violent?
Earlier this month, Representative Frederica Wilson of Florida reported that President Trump made insensitive, off piste comments over the phone to the widow of a soldier recently killed in Niger. According to Wilson, Trump told Myeshia Johnson that her husband “knew what he signed up for, but I guess it still hurt.” Trump flatly denied such comments. President Trump’s Chief of Staff, retired Marine Corps General John Kelly, rushed to Trump’s defense. Kelly called Congresswoman Wilson an “empty barrel,” and noted he was “stunned” over alleged comments she made “grandstanding about her own actions in Congress” at a building dedication ceremony honouring slain FBI agents.
Continue reading ➞ Questioning the General: parallels to Soviet media control?
From the archives! I wrote this essay in 2012 for my coursework in European human rights law, as part of my masters’ degree. Reading it now, five years and a law degree later (!) is a bit cringe, but I think it does a fairly decent job of explaining some of the more theoretical differences in American and European approaches to human rights.
Is the European recognition of positive obligations in human rights law superior to the view taken by the United States Supreme Court?
In the Liberal tradition, democracies emphasise the political and civil rights of their citizenry: autonomy, the rule of law, and both positive and negative liberties of the individual are some of many examples. But what of the negative and positive obligations regarding the state, in as much as human rights are concerned? While the democratic values of Europe and America are largely built upon the same ideals, it is the means by which their different legal systems ascertain government duty wherein a fundamental divergence of responsibility occurs. Principally, the distinction centres on the reach of law, and to what extent conflicts can be ameliorated through courts.
Continue reading ➞ Comparing American & European Human Rights Norms