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The state of human rights (3)

05 August 2011 / Roger Smith
Issue: 7477 / Categories: Opinion
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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