header-logo header-logo

Freedom of speech

07 June 2012
Issue: 7517 / Categories: Case law , Law digest , In Court
printer mail-detail

Trimingham v Associated Newspapers Limited [2012] EWHC 1296 (QB), [2012] All ER (D) 248 (May)

It was established law that for the court to comply with its obligations under s 3 of the Human Rights Act 1998, it had to hold that a course of conduct in the form of journalistic speech was reasonable under s 1(3)(c) of the 1998 Act unless, in the particular circumstances of the case, the course of conduct was so unreasonable that it was necessary and proportionate to prohibit or sanction the speech in pursuit of one of the aims listed in Art 10(2) of the Convention, including, in particular, for the protection of the rights of others under Art 8 of the Convention. The test required the publisher to consider whether a proposed series of articles, which was likely to cause distress to an individual, would constitute an abuse of the freedom of the press which the pressing social needs of a democratic society required should be curbed. In considering the effect of a course of conduct which consisted of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Russell-Cooke—Susanna Heley

Russell-Cooke—Susanna Heley

Legal director appointment bolsters public and regulatory team

Slater Heelis—five appointments

Slater Heelis—five appointments

Firm appoints training partner and four new trainees

Bolt Burdon Kemp—Natasha Orr

Bolt Burdon Kemp—Natasha Orr

Firm strengthens military claims team with senior associate hire

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
back-to-top-scroll