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07 February 2008 / Neil Parpworth
Issue: 7307 / Categories: Features , Public , Human rights , Constitutional law
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Hell and Damnation

Is blasphemous libel a dead letter? Neil Parpworth investigates

 

The common law offence of blasphemous libel has a long and ancient history. In the modern age, however, it is rarely prosecuted. Thus prior to the prosecution of Gay News by Mary Whitehouse in Whitehouse v Gay News Ltd [1979] AC 617, [1979] 1 All ER 898, more than 50 years had passed since the last recorded prosecution for the offence (see R v Gott (1922) 16 Cr App Rep 87). Although there have been no further prosecutions since the House of Lords’ decision in  Whitehouse, there have been attempts to bring private prosecutions which have failed. Thus in R v Metropolitan Stipendiary Magistrate, ex p Choudhury [1991] 1 All ER 306, [1991] 3 WLR 986, the Divisional Court refused to grant an order of mandamus to compel the metropolitan stipendiary magistrate to issue summonses against the author and publisher of The Satanic Verses accusing them of having committed a blasphemous libel. Although the court was of the opinion that there
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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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