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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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