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26 April 2024 / Nicholas Dobson
Issue: 8068 / Categories: Features , Public , Human rights , Equality
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Malicious communications: what’s beyond the pale?

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Exactly how thick-skinned do local politicians need to be? Nicholas Dobson looks at recent case law
  • For a conviction under s 1 of the Malicious Communications Act 1988, a message must not only be ‘grossly offensive’ but also intended to cause distress or anxiety to the recipient or (an)other(s).
  • Special tolerance may be required for speech on political issues.

Freedom of expression is ‘one of the essential foundations’ of a democratic society. Says who? The European Court of Human Rights, in Handyside v the United Kingdom (5493/72). So, Art 10(1) of the European Convention on Human Rights (incorporated into UK law by the Human Rights Act 1998) gives everyone the right to freedom of expression, subject to Art 10(2) restrictions as ‘prescribed by law’ and ‘necessary in a democratic society’ for (among other things) ‘the prevention of disorder or crime’ or ‘the protection of the reputation or rights of others’.

But what about potentially offensive or shocking speech? Handyside indicates that, subject to Art 10(2), the right to freedom of expression

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MOVERS & SHAKERS

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

NEWS
Counsel for CILEX, for law centres, for the Association of Personal Injury Lawyers and for the Law Society laid out their arguments last week in the high-profile Mazur case
Commercial law is changing fast, driven by new technologies and the growing complexity of global markets. The University of Manchester’s LLM in International Commercial and Technology Law brings focus to that shift, highlighting the core areas that now define effective commercial legal work. By exploring corporate governance, data rights, fintech regulation and digital era intellectual property, this course gives professionals the insight they need to make informed, confident decisions in a rapidly evolving landscape
Making refugee status temporary and subject to review every 30 months will put pressure on an ‘already overstretched’ justice system, the Law Society has warned
Statutory limitation periods do not apply to unfair prejudice petitions brought under the Companies Act, the Supreme Court has held in a 4–1 majority decision, Lord Burrows dissenting
A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held
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