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24 April 2026 / Nicholas Dobson
Issue: 8158 / Categories: Features , Equality , Public , Human rights
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Quran burning & disorderly conduct

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© Sinai Noor/Shutterstock

Nicholas Dobson considers the irritating, contentious, eccentric, heretical, unwelcome & provocative

  • No offence committed at Quran burning episode.
  • The right to freedom of expression requires a suitably narrow construction of s 5(1) Public Order Act 1986.
  • Whether behaviour is ‘disorderly’ is to be judged objectively, applying the standards of a democratic society, respecting free speech and protest rights.

There is often an uneasy balance between free speech and public order offences. Art 10(1) of the European Convention on Human Rights (ECHR), incorporated into UK law by the Human Rights Act 1998, gives everyone the right to freedom of expression, subject to 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’.

Handyside v UK (5493/72) made clear that the right to freedom of expression is applicable not only to information or ideas favourably received or regarded as inoffensive or indifferent, ‘but also to those

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Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

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Clarke Willmott—Antonia Power

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Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

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Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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