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28 October 2011 / Susan Nash
Issue: 7487 / Categories: Features , Human rights
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Taking liberties?

Susan Nash rounds up the latest human rights developments

The applicants in Palomo Sanchez v Spain (App Nos 28955/06, 28957/06, 28959/06 and 28964/06) were sacked for publishing a trade union newsletter which contained offensive words and lewd cartoons featuring two employees who had testified against them in an employment tribunal. The newsletter was distributed to employees and displayed on a notice board. Relying on Art 10 (freedom of expression) and Art 11 (freedom of assembly and association), the applicants complained that the real reason for their dismissal had been their trade union activities. Noting that the offending material had been published in a trade union newsletter and distributed at the applicants’ workplace, the European Court of Human Rights (ECtHR) considered whether this sanction was proportionate. The ECtHR observed that the extent of acceptable criticism was narrower in regard to private individuals than for politicians or civil servants acting in their public duty. Furthermore, the offending material was aimed, not directly at the company, but against the company’s employees. However, the ECtHR did not share the Spanish

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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