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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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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
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