A chronicle of censorship and free expression news in the United Kingdom in 2011 and 2012, incorporating information from the BBC, Daily Mail, Evening Standard, Guardian, Huffington Post, Independent, journalism.co.uk, Mass High Tech, Press Gazette, Reuters, Scottish Parliament, Sun, Sense About Science, Telegraph and other sources
The High Court ruled that UK internet service providers (ISPs) must block file-sharing website the Pirate Bay on 30 April 2012. The Swedish site provides links that enable visitors to download free music and video, which some critics claim to be illegally copied. Several ISPs, including Sky, O2 and Virgin Media had already agreed to block the site. The British Phonographic Industry had asked the same ISPs to voluntarily block access to the site in 2011, but the ISPs refused to do so unless a court order was made. (BBC)Security guards prevented five journalists from photographing and filming the London Olympic Park site on 23 April 2012. Tight regulations on photography are in place inside the sporting complex, but citizens are within their rights to take photographs on public land outside the venue. As the incident, during which camera lenses were physically blocked, took place on public land, the National Union of Journalists warned that security measures should not interfere with media professionals going about their work. (Guardian)On 30 March 2012, the High Court struck out the libel case against Richard Dawkins Foundation, Amazon.co.uk and Vaughan Jones. Chris McGrath, author of The Attempted Murder of God: Hidden Science You Really Need to Know, lodged a libel action in November 2011 after Jones published critical reviews about his book on Amazon in September and October 2010 and a critical article on the Richard Dawkins Foundation website in September 2010. (Independent, Sense About Science, Telegraph)
On 13 April 2012, London Mayor Boris Johnson blocked an advertising campaign that suggested homosexuality could be cured. The campaign, by Christian group Core Issues Trust, mimicked an advert posted on London buses by Stonewall, a group that campaigns for homosexuals’ rights. Johnson vetoed the ‘offensive’ adverts – which read ‘Not gay! Ex-gay, post-gay and proud. Get over it!’ – a week before they were due to be launched, claiming that the campaign had no place in a tolerant city. (BBC, Huffington Post)
A man from County Antrim, Northern Ireland, was fined £250 on 13 April 2012 for posting abusive, anti-Catholic comments on Facebook in August 2011. Dean Boyd told police that he regretted posting the message — which he removed 20 minutes after doing so — but said that the sentiments were intended for his friends to read and he had not aimed to incite hatred. The case was the first prosecution connected with sectarian abuse published on a social networking site in Northern Ireland. (BBC)
Six protesters were arrested in East London on 10 April 2012. Local council officials ordered the protesters, who were part of a larger group demonstrating against the erection of a temporary facility for the 2012 London Olympic Games, to dismantle their camp on Leyton Marsh not far from the site of the summer Games. Members of the Save Leyton Marsh Group argued that proper environmental assessments had not been carried out before the building work was approved and that harmful substances could potentially be unearthed when the project commences. (Guardian)
On 2 April 2012, Northern Ireland Police took legal steps, via United States authorities, to obtain transcripts of interviews with former IRA members, including an interview with Dolours Price, who played a role in a car bombing in 1973. The transcripts were part of the Boston College Belfast Project, a research initiative conducted by academics, historians and journalists that examined the lives and activities of former republicans and loyalists during the Troubles. Researchers for the project believe that releasing the information to the police could risk the lives of people who provided testimonies during the project. The US court hearing was adjourned in order to consider the ruling. (BBC)
Former New Zealand cricket captain Chris Cairns won a High Court libel case on 26 March 2012 after filing a claim in January 2010. Cairns was awarded £90,000 in damages following allegations posted on Twitter that he was involved in match fixing. Lalit Modi, former chairman of the Indian Premier League, accused Cairns of having a history of match fixing after being forced to leave the Indian Cricket League in October 2008. The presiding judge stated that there was no evidence that Cairns had been involved in the criminal activity. The case was filed in London, despite the assertion that only 35 readers of the post were from England and Wales; under English libel law, the burden of proof lies with the defendant rather than the plaintiff, making the English courts attractive to those wishing to lodge defamation claims. (BBC)
Azhar Ahmed, of West Yorkshire, appeared before Dewsbury Magistrates Court on 20 March 2012, accused of making ‘grossly offensive’ comments about the deaths of British soldiers in Afghanistan. Ahmed was charged under the Communications Act 2003 after allegedly posting a message on Facebook about media coverage of British deaths and the comparatively slight coverage of Afghan deaths. The teen also faced a racially-aggravated public order charge, but this was withdrawn. Ahmed, who denied the charges, will stand trial at Huddersfield Magistrates Court on 3 July 2012. (Daily Mail)
The Bible Society was refused permission to hand out bibles at the London 2012 Olympics on 15 March 2012 because of Olympic rules regarding the use of the Olympic logo. The group had prepared special Bibles highlighting passages that referred to sport, but the London Organising Committee of the Olympic Games refused to grant the group permission to use the logo as part of their campaign. (Telegraph)
A damages claim by Manchester United and Wales footballer Ryan Giggs against the
Sun
newspaper was thrown out by the High Court on 2 March 2012. Giggs was granted an injunction in April 2011 after an article was published in the tabloid about an unnamed player’s alleged affair with a model. Until February 2012, an anonymity clause in the injunction made it illegal to name Giggs in print or during parliamentary proceedings, despite the footballer already having been widely identified on Twitter and named in the Commons by an MP in May 2011.Giggs claimed that the tabloid had ‘misused’ private information and said he was entitled to claim damages for distress and breach of the right to privacy. (Press Gazette)
The Scottish government brought into law the amended Offensive Behaviour at Football and Threatening Communications (Scotland) Bill on 1 March 2012, creating two new criminal offences. One relates to offensive or threatening behaviour likely to incite public disorder at football matches; the second, ‘threatening communications’, criminalises recorded exchanges that contain threats of serious violence or threats intended to incite religious hatred. Anyone convicted under the bill faces a maximum of five years’ imprisonment. The new laws were introduced as a direct reaction to the escalation of sectarian violence in Scottish football, including parcel bombs being sent to Celtic Manager Neil Lennon, Paul McBride QC and former MSP Trish Godman. The bill was designed to be brought in as emergency legislation at the beginning of the 2011–2012 football season but received harsh criticism and so had to be referred back to the Justice Committee. Free expression advocates expressed concerns that the definition of ‘racial hatred’ was too broad and that some guidance in the bill is unclear. (Daily Record, Scottish Parliament)
Sally Morgan, a professional television psychic, sued the Daily Mail newspaper on 26 January 2012 after it published an article entitled ‘What a load of crystal balls!’. The article, written by a celebrity magician and former psychic, alleged that Morgan was a charlatan and that the information she presented as part of her programme was obtained via a hidden earpiece. Morgan, who had worked for Princess Diana, claimed the story caused substantial harm to her reputation and sought damages of £150,000. Morgan also requested an injunction to prevent re-publication of the allegations. (Press Gazette)
Media regulator Ofcom revoked the UK licence of Iranian broadcaster Press TV on 21 January 2012. In December 2011, Press TV was fined £100,000 for broadcasting a 2009 interview with journalist and filmmaker Maziar Bahari, who was at the time being detained in Evin Prison. Press TV failed to pay the fine. Ofcom also concluded that editorial control of the station rested with the Iranian government in Tehran, a breach of UK broadcasting regulations. (BBC, journalism.co.uk)
Volunteers for the London 2012 Olympics were told they would be subjected to strict rules regarding their use of social media tools during the Games, including a ban on photographs or posts featuring VIPs with special access to non-public sections of the participating venues. The rules for the 70,000 Games Maker volunteers were posted on Games Makers’ area of the London 2012 Organising Committee’s website in early January 2012. The guidelines also appeal to volunteers not to mention details about their role, location or about athletes, celebrities and dignitaries. (BBC)
Police cleared tents from London’s Parliament Square after the Police Reform and Social Responsibility Bill came into force on 31 October 2011. Protesters had occupied the pavement opposite the Houses of Parliament, nicknamed ‘Democracy Village’, since May 2010, campaigning on a range of issues. (Guardian)
Strictly Come Dancing television personality Nancy Dell’Olio’s libel action against the Daily Mail was struck out by the High Court on 20 December 2011. Dell’Olio lodged a suit against the tabloid after an article, which was published with the headline ‘Return of the man-eater’, referred to her relationship with theatre director Sir Trevor Nunn. The article, which was published in April 2011, described Dell’Olio as ‘a woman who hunts men’. (Guardian, Press Gazette)
An employee was thought to be behind the censorship of various pieces of information provided on Virgin Media’s electronic programme guide on 20–21 December 2011. Filmmaker Alfred Hitchcock’s surname was changed to ‘Hitchc**k’, musician Jarvis Cocker’s surname became ‘C**ker’, the Premier league football team Arsenal was referred to as ‘A**enal’ and novelist Charles Dickens’s name was also deemed offensive and referred to as ‘D**kens’. A Virgin Media spokesperson referred to the profanity checker as ‘over-zealous’ and the full and correct terms were reinstated shortly after the company realised the mistake. (Guardian)
On 12 December 2011, 139 people were arrested in London during a protest against election results in the Democratic Republic of Congo. Seven people were charged with offences including obstructing the highway, breaching the Serious Organised Crime and Police Act and an assault on police. (BBC, Guardian)
The editor of the Government and Public Sector Journal, Stuart Littleford, was assaulted by two police officers from Greater Manchester Police on 22 November 2011 after he took photographs of a road accident in Oldham. (Press Gazette)
The ban on This Side Idolatry, a novel that criticises Charles Dickens, was lifted in Portsmouth on 23 October 2011. The 1929 novel by Carl Roberts offended the City of Portsmouth because it portrayed Dickens, who was born there, unfavourably. The ban was lifted ahead of the 200th anniversary of Dickens’s birth and the book was reinstated in libraries. (BBC)
On 19 October 2011, Tesla motors lost a major part of a High Court libel claim against BBC’s Top Gear television programme. The electric sports car maker sued the BBC after an episode showed the company’s Roadster car running out of battery in a race, but the presiding judge said that no viewer would have reasonably compared the car’s performance on the show to its performance on a public road. Though the company lost the libel case, it continued to pursue the corporation for malicious falsehood relating to five other statements allegedly made by the presenters about the Roadster. In February 2012, the case for malicious falsehood was also struck out. (Guardian, Wired)
Former Smiths front man Morrissey announced his plans to sue NME’s former editor Conor McNicholas and its publisher, IPC Media, for libel in connection with the publication of an interview in which he complained about a loss of British identity as a result of immigration. Morrissey claimed that he suffered reputational damage from the controversial interview he gave the magazine in 2007. Although he was not in court for the hearing on 17 October 2011, Morrissey could be cross-examined before a jury if a trial goes ahead. (Guardian)
A Russian property developer who was punched during a talkshow lodged a libel suit in England after his assailant, Russian tycoon Alexander Lebedev, said he deserved the attack. Sergei Polonsky sued Lebedev, owner of the Independent and London Evening Standard, for defamation on 14 October 2011 following the on-screen altercation in September. Criminal proceedings were filed in Russia. (BBC, Reuters)
Following Prime Minister David Cameron’s promise to make online pornography inaccessible, several internet service providers announced plans to offer parents the option of blocking online content on 11 October 2011. Cameron also launched Parentport, a website hosting parents’ reports of inappropriate material. (BBC)
The British Board of Film Classification (BBFC) lifted a ban on horror film Human Centipede 2 in October 2011, giving it an ‘18’ rating following 32 edits to the film, which had been described as posing a ‘real risk of harm’ in June 2011. The certification was granted prior to the film’s DVD release. (BBC)
On 3 October 2011, Alan Graham demanded that Rihanna cover her breasts or leave his farm in Bangor, Northern Ireland. The pop entertainer was filming a music video for her single ‘We found love’ at his farm in September 2011, which had been hired out for the purpose. Fans of the star in turn verbally attacked the farmer. Graham objected to her filming topless and interrupted filming to complain about her behaviour. (BBC, Daily Mail)
Media watchdog Ofcom issued new guidelines regarding the broadcast of explicit music videos on 30 September 2011. In an effort to tighten existing nine pm watershed television rules, the guidance focused on visual content of music videos as well as verbal content and was issued after performances from Rihanna and Christina Aguilera during the final episode of the X Factor met with thousands of complaints in 2010. Research conducted to support the new guidelines showed that 11% of UK parents were concerned about the airing of music videos before nine pm. (Guardian)
Scotland Yard announced on 16 September 2011 that it planned to use the Official Secrets Act (OSA) to force Guardian journalists to reveal sources for information about the phone-hacking scandal. The order was described as ‘ill-judged’ by the newspaper’s editor, who spoke out against use of the OSA to undermine the protection of journalists’ confidential sources. Metropolitan Police withdrew its plans on 21 September 2011. (Guardian, Telegraph)
The Football Association (FA) introduced a code of conduct on 12 September 2011 that aimed to prevent staff, board and council members from talking freely to the press. The new ‘censorship code’ restricts what can be relayed by councillors to bodies they represent and insists that the FA press office be informed about all media enquiries and that no FA business be divulged to the press. The move comes after FA chairman David Bernstein called for a transparent football government in response to reports of corruption in the international football association, Fédération Internationale de Football (Fifa). (Daily Mail, Telegraph)
Two men were sentenced to four years’ imprisonment for instigating rioting on Facebook on 17 August 2011. Jordan Blackshaw and Perry Sutcliffe-Keenan pleaded guilty to using the social networking site to encourage others to cause offence under the Serious Crime Act 2007. (Guardian)
On 11 August 2011, Prime Minister David Cameron announced that the government was exploring ways of banning individuals from using social networking sites if they are thought to be using them to organise criminal activity. The announcement followed reports that the BlackBerry Messenger service was used to organise riots in London in early August. Cameron stated that the home secretary would meet with representatives from Facebook, Twitter and Research In Motion to discuss the companies’ roles in controlling use of media tools; he added that broadcasters also had a responsibility to supply footage of the riots to police. Similar requests had met with resistance in the past, as broadcasters asserted their right to maintain editorial independence. (Guardian)
In June 2011, the European Union announced that it would not be screening a film it had funded. The film, made in late 2010 by Clementine Malpas, looks at the lives of Afghan women in prison for ‘moral crimes’. EU spokespeople insisted that the identities of the women featured in the film, In-Justice: The Story of Afghan Women, were not protected and that their lives could potentially be endangered. Malpas insisted that the women featured had decided to take part in the film and so deserved to have their voices heard. (al Arabiya, Evening Standard)
Google was asked to remove 135 YouTube videos in the first six months of 2011. The takedown requests were believed to be in connection with perceived threats to UK national security. Figures published by Google, YouTube’s owner, showed a 71% rise in content removal requests from the UK government or police. The videos were removed following complaints about privacy, security and hate speech. (Guardian)
On 20 May 2011, a committee investigating the rise of superinjunctions and anonymised privacy injunctions emphasised the need for open justice and public hearings. Lord Neuberger, Master of the Rolls, formed the committee in April 2010 in response to widespread concern about secret injunctions, whose very existence cannot be reported. The committee, which reported its findings at the Royal Courts of Justice, made a number of procedural recommendations, such as the creation of a secure database tracking injunctions and drafted guidance for injunction applications. The new procedure, the committee said, would enable the media to be informed about applications in advance. (Index on Censorship)
Former Fédération Internationale de l’Automobile (FIA) chief Max Mosley failed in his bid to impose a legal duty of ‘prior notification’ on the press on 10 May 2011. Mosley lodged a case at the European Court of Human Rights after UK newspaper the News of the World published details of his sex life. Victory for Mosley could have meant that media outlets would have been required to contact subjects of stories prior to publication; there were fears that such a step would lead to a rise in interim injunctions barring publication. (Index on Censorship, journalism.co.uk)
In 2011, a series of injunctions and superinjunctions were ordered to prevent the media from reporting news about the private lives of celebrities and high profile figures. On 19 May, it was disclosed in the House of Lords that a judge granted anonymity to a claimant in a libel case concerning former banker Sir Fred Goodwin. On 26 April, news emerged that journalist and broadcaster Andrew Marr obtained a superinjunction to prevent reporting of an extra-marital affair in 2008. Also in April, media outlets were prevented from naming the premiership footballer involved with model Imogen Thomas. (BBC, Independent, Telegraph)
In a landmark judgment on 3 May 2011, the High Court ruled that the Metropolitan Police acted illegally towards protesters who staged demonstrations against the G20 summit on 1 April 2009. The court heard that officers used a range of violent tactics against protesters, many of whom police chiefs accepted were demonstrating in a peaceful manner. The police were also found guilty of ‘kettling’, a crowd control strategy that restrains large groups in a confined area for extended periods of time. Josh Moos and Hannah McClure brought the case against the police after they were among a crowd of up to 5000 held for five hours. (Guardian)
After launching a series of libel cases against cardiologist Peter Wilmshurst that continued for close to five years, US company NMT Medical announced on 20 April 2011 that it was ceasing operations. One of the cases lodged by NMT followed Wilmshurst’s criticism of clinical trials of a heart device manufactured by NMT Medical and another pertained to comments he made on BBC Radio 4’s Today programme. (Guardian, Press Gazette, Sense About Science)
In March 2011, former Member of Scottish Parliament Tommy Sheridan attempted to prevent the publication of Tommy Sheridan: From Hero to Zero?, a biography that alleged that he degraded women during his early political career. Sheridan threatened to sue the author, Professor Gregor Gall, who had refused to send Sheridan a copy of the manuscript before it was published. (Herald)
Edited by Natasha Schmidt
Compiled by Alice Purkiss
