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05 August 2011 / Roger Smith
Issue: 7477 / Categories: Opinion
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The state of human rights (3)

Roger Smith explores opposition to the Human Rights Act

The Human Rights Act 1998 (HRA 1998) is surely the most vilified piece of recent legislation, certainly among Britain’s now tarnished popular press. At the risk of oversimplification, this third piece in a series of four on HRA 1998 seeks to identify the different strands of hostility that coalesce to the effect that the British public has yet to take human rights to its heart.

Press vilification

The red tops were always going to be hostile. HRA 1998, with its recognition of privacy rights, threatens their commercial interest. Paul Dacre, editor of the Daily Mail, objected to developments in a well publicised speech to the Society of Editors: “The British Press is having a privacy law imposed on it, which is…undermining the ability of mass-circulation newspapers to sell newspapers in an ever more difficult market.”

In those innocent days, Dacre praised the News of the World as having “broken many significant stories about corruption and sexual wrong-doing…If the News of the

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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