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Graham Smith @cyberleagle.bsky.social · 21h

An element also of the location underlining the political nature of the speech? If the protest had been elsewhere there might have been more debate about whether the protest was about the Turkish regime, and hence whether it attracted the high level of Art 10 protection for political speech.

Graham Smith @cyberleagle.bsky.social · 22h

That said, I didn’t think it was very helpful to combine the para 33(1) and (2) limbs together when appling the principles to the facts. But eg the para 36 observations seemed very influenced by Art 10 and to go at least partly to whether the conduct was disorderly.

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Graham Smith @cyberleagle.bsky.social · 22h

‘Within sight of’, agreed. It would be relevant to what is meant by alarm etc, and also to the interpretation of ‘disorderly’.

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Graham Smith @cyberleagle.bsky.social · 1d

And of course the Online Safety Act illegality duties imposed on platforms are seriously problematic from a freedom of speech point of view. www.cyberleagle.com/2025/09/the-...

The Online Safety Act: guardian of free speech?

A blogpost headed “The Online Safety Act: A First Amendment for the UK” lacks nothing in shock value. The one thing that we might have th...

www.cyberleagle.com

Graham Smith @cyberleagle.bsky.social · 1d

The S.179 OSA ‘false communications‘ offence that he mentions has been around in various versions for many years, but only now with the panic about mis/disinformation has it come to prominence. Visual history of S.127, S.179 and related offences here.

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Graham Smith @cyberleagle.bsky.social · 1d

But he’s not wrong about S.127 Communications Act. The problem is what to put in its place. The Online Safety Bill did originally have a replacement ‘harmful communications‘ offence as suggested by the Law Commission, but that was dropped when it was realised how problematic it was.

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Graham Smith @cyberleagle.bsky.social · 1d

But all interpreted in the light of Art 10: “…we apply all the legal matters we have set out already in this judgement: This was clearly political speech or conduct, insulting conduct is not sufficient, and we should be careful not to read down the words we are considering.“

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Graham Smith @cyberleagle.bsky.social · 1d

It's hardly a test of principle for them, is it? Wait until someone burns a Bible or a Union Jack.

Graham Smith @cyberleagle.bsky.social · 1d

Or a Union Jack.

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Reposted by Graham Smith

Mark Wallace @wallaceme.bsky.social · 1d

Thank goodness. We have no blasphemy law in this country any longer, nor should we. I dislike book burning instinctively, but plenty of things I might dislike are nonetheless rightly legal. Mr Coskun should never have been convicted for an act of free expression. www.bbc.co.uk/news/article...

Man who burned Quran outside Turkish consulate wins appeal - BBC News

Hamit Coskun's freedom of expression includes the right to express views that offend, a judge rules.

www.bbc.co.uk

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Reposted by Graham Smith

Graham Smith @cyberleagle.bsky.social · 1d

Judgment here. www.judiciary.uk/judgments/re...

Rex -v- Hamit Coskun - Courts and Tribunals Judiciary

Southwark Crown Court Judgment on appeal 10 October 2025 Before: Mr Justice BennathanMs T Guest JPandMr D Graves JP Between: Rex -v- Hamit Coskun

www.judiciary.uk

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Graham Smith @cyberleagle.bsky.social · 1d

Judgment here. www.judiciary.uk/judgments/re...

Rex -v- Hamit Coskun - Courts and Tribunals Judiciary

Southwark Crown Court Judgment on appeal 10 October 2025 Before: Mr Justice BennathanMs T Guest JPandMr D Graves JP Between: Rex -v- Hamit Coskun

www.judiciary.uk

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Reposted by Graham Smith

Colin Yeo @colinyeo.bsky.social · 3d

Properly and appropriately searing criticism of Jenrick by @stephenkb.bsky.social in his newsletter this morning. Jenrick is obsessed with skin colour as a supposed signal of integration. There's a word for people like that.
ep.ft.com/permalink/em...

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Graham Smith @cyberleagle.bsky.social · 4d

And for the unsung history of private legal action against polluters. papers.ssrn.com/sol3/papers....

Saving Our Streams

Roger Bate explains the history of an unusual and remarkably effective 'environmental' organisation - the Anglers' Conservation Association (ACA). Founded in 1

papers.ssrn.com

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Graham Smith @cyberleagle.bsky.social · 4d

Re-reads the Pride of Derby case… www.bbc.co.uk/news/article...

River Wye pollution prompts UK's largest environmental lawsuit

Livestock and water companies are accused of “extensive” pollution in the Wye, Lugg and Usk rivers.

www.bbc.co.uk

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Graham Smith @cyberleagle.bsky.social · 4d

Beware politicians with lists.

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Reposted by Graham Smith

Sam Freedman @samfr.bsky.social · 5d

Jenrick now proposing sacking judges he doesn't like. I can just about remember when Conservatives cared about things like the rule of law.

George Mann @sgfmann.bsky.social · 5d

The Daily Telegraph: MI5 kept in dark in China spy trial fiasco #TomorrowsPapersToday

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Graham Smith @cyberleagle.bsky.social · 5d

Things that Art 19 of the Universal Declaration of Human Rights does not say.

Graham Smith @cyberleagle.bsky.social · 5d

17. Everyone has the right to freedom of a prescribed quantity of opinion and expression at a designated time and place.

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Graham Smith @cyberleagle.bsky.social · 5d

17. Everyone has the right to freedom of a prescribed quantity of opinion and expression at a designated time and place.

Reposted by Graham Smith

Graham Smith @cyberleagle.bsky.social · 5d

Quite amusing that the Investigatory Powers Act 2016 is listed in the Appendix to the Wolfson Report as a domestic statute covering human rights ground. It wouldn't exist at all but for a series of Strasbourg judgments and the ECHR.

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Graham Smith @cyberleagle.bsky.social · 5d

Quite amusing that the Investigatory Powers Act 2016 is listed in the Appendix to the Wolfson Report as a domestic statute covering human rights ground. It wouldn't exist at all but for a series of Strasbourg judgments and the ECHR.

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Graham Smith @cyberleagle.bsky.social · 6d

What Lord Wolfson actually said. www.conservatives.com/wolfson-fina...

Reposted by Graham Smith

David Anderson @bricksilk.bsky.social · 6d

Lord Wolfson’s report has now been published: www.conservatives.com/wolfson-fina...

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Graham Smith @cyberleagle.bsky.social · 6d

On prior due process, that ought to be an issue with this Bill currently going through Parliament. Depressingly, no-one seems the slightest bit interested. www.cyberleagle.com/2025/05/kniv...

Knives out for knives

As part of a broader campaign targeting knife crime the Home Office has published its consultation response on a new procedure for authoris...

www.cyberleagle.com

Graham Smith @cyberleagle.bsky.social · 6d

Most interesting, thank you. Your point re prior due process was well made - especially pertinent to official notices under statutory ‘trusted flagger’-type schemes. This commentary on Google v Russia focuses on the Pavli concurring opinion, in case of interest. www.cyberleagle.com/2025/09/goog...

<i><span >Google v Russia</span ></i>: a hint of things to come

The outcome of Google’s complaint to the European Court of Human Rights in Google v Russia cannot be considered a surprise. The facts were ...

www.cyberleagle.com

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