Defamation Act 2013: A boost for free speech, Part 2: Public Interest and Privilege – Timothy Pinto

This is a second good piece of news for bloggers who follow political scandals, local councils, the NHS and bad practice in public services. You needn’t worry if you don’t get it 100 per cent right.You are going to have new rights protecting your reporting and comments so long as you can justify it is the public interest and produce fair accounts of public events. The great thing is you can report public protest meetings with full protection. Another invaluable piece of legal advice for all those following public affairs.

INFORRM's avatarInforrm's Blog

Houses of ParliamentIn this second part of four posts by Timothy Pinto of Taylor Wessing, he considers the changes to common law and statutory privilege which will result from the Defamation Act 2013. Part 1 on “Serious Harm, Truth and Honest Opinion” can be found here.

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Defamation Act 2013: A boost for free speech – Part 1: Serious Harm, Truth and Honest opinion – Timothy Pinto

I am reblogging this post because it provides free of charge some vital legal advice from an expert for bloggers who challenge power and authority. It makes it pretty clear that bloggers can now without fear of libel threats be highly critical of private companies who provide bad services to the public. It also makes it tad more difficult for nasty public figures- I am thinking of Barnet councillor Brian Coleman recently convicted of common assault of a member of the public – to bring actions when they acquire a bad reputation. This is good news for free speech, democracy and holding companies and public figures to account.

INFORRM's avatarInforrm's Blog

Defamation Act 2013This is the first of four posts by Timothy Pinto of Taylor Wessing where he provides analysis of the key provisions of the UK’s Defamation Act 2013 and its likely practical implications under English law. The four posts will cover: Serious harm, Truth and Honest opinion, Privilege, Intermediary liability, and Other key provisions.

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Am I bovvered? The Ministry of Defence on sexual abuse and bullying of forces’ kids

Ministry of Defence: Not safeguarding forces children

Ministry of Defence: Not safeguarding forces children

A virtually  unreported hearing of the Commons defence committee has revealed an extraordinary complacent state of affairs of the Ministry of Defence towards complaints from forces parents of sexual abuse and bullying at private schools.

MPs from all three parties have condemned the attitude of officials responsible for paying out school fees for forces children who evidently admit to refusing to move their children from a school if they are bullied or sexually abused.

A full report is  published today on the Exaro website by Frederika Whitehead and myself ( see http://www.exaronews.com/articles/4971/mod-policy-on-claims-of-child-sex-abuse-at-schools-stuns-mps ).

The MPs anger in part stems from a report on The People  ( see http://www.mirror.co.uk/news/uk-news/police-probe-sexual-assault-claims-1781432 ) which revealed that Stanbridge Earls School in Hampshire where soldier’s children are sent by the MOD  was now the subject of a sexual abuse police investigation.

But the real anger came from three  MPs. Madeleine Moon, Labour MP for Bridgend, said “The MoD should put the protection of children first, not the protection of the ‘continuity of education allowance’ first.”
Two other MPs on the committee – Sir Bob Russell, Liberal Democrat MP for Colchester, and Penny Morduant, Conservative MP, for Portsmouth North, also had strong views.

And Tom Watson has also expressed concern. “This has highlighted the inadequacies of the MoD’s rules for military education. In not offering parents greater choice, the system is too rigid. Worse, the ‘don’t cause a fuss’ attitude of the department makes it hard for the families of service personnel to publicly voice their concerns. This has to stop.”

In its defence the MOD said it did not always enforce this rule. However it is a pretty bad state of affairs in the present climate that the MOD do not seem to have a duty of care towards the children of its forces personnel – given many are serving abroad and not on hand to easily intervene when their kids face bullying or sexual abuse. It all suggests that the forces still have some very antiquated attitudes towards these issues. Expect more investigations from Exaro in this area.

Exhibit C – the “paedophile”

I have put this excellent blog up to show how important it is to have really good lawyers dealing with child sexual abuse cases – and how plans by the man I dub the ” political mugger ” Chris Grayling, the justice secretary, wants to put this at risk by putting out future legal aided work to the cheapest firms. His package includes encouraging the accused to plead guilty which would have been a disaster in this case. He also wants to put out of business thousands of competent lawyers from taking up cases by excluding them from tendering for work..And incidently if you haven’t got the cash depriving you of your right to have a lawyer of your choice in criminal cases.. I wonder if Grayling would care if the wrong person had ended up in this case in jail – as long as he had saved money.

barristerswife's avatara barrister's wife

This post is one of a series that seeks to dispel the myth that everyone who ends up in court is a scumbag criminal. It is another example of how easy it is for good guys to end up in court. It is another case that illustrates why everyone should be entitled to independent, quality, legal representation and the chance to go to trial and clear their name.

At the moment your rights are under threat from proposals in the MOJ consultation paper Transforming legal aid.  I hope that reading this post will help you understand what these proposals will mean for our justice system.  I hope that once you understand you will want to sign the Save UK Justice petition to have these proposals debated in parliament.

NB this is a true story. Certain details that don’t relate to the factual and legal process have been changed…

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The Unsavoury Boom in Child Grooming revealed by Oxford gang

I have updated my blog on the scale of child grooming in the light of the Oxford trial verdicts yesterday – and revelations today on the failure of authorities to believe or support victims – and even allegedly lie about supporting them.

davidhencke's avatarWestminster Confidential

The huge scale of the activities of the Oxford paedophile ring revealed yesterday when seven men were convicted of 43 charges of rape, child prostitution and trafficking is but the tip of the iceberg.

Extraordinary figures revealed earlier that police forces across England and Wales are engaged in more than 30 separate investigations into suspected child sexual abuse and exploitation.

The most damning thing is the failure of social services and the police to get a grip on the situation despite being warned and some of the victims going to the police for help.

A damning article  in today’s Guardian (http://www.guardian.co.uk/society/2013/may/14/oxford-abuse-ring-social-services) based on an interview with one of the victims reveals yet again the failure of authorities  to support them. Indeed it is worse. From her interview it appears that Oxfordshire  county council MADE UP they were giving her ” wrap around support.” to her and her family…

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Lynton Crosby launches Twitter libel action against Labor

Lynton Crosby: Latest figure to pursue Twitter Libel Action. Pic credit: BBC

Lynton Crosby: Latest figure to pursue Twitter libel Action. Pic credit: BBC

Just as David Cameron could do without any further distractions  Lynton Crosby, his top strategist for the 2015 general election,  is about to become embroiled in a lengthy and costly libel action 10,500 miles away from Downing Street.

Mr Crosby the aggressive campaign adviser  who helped Boris Johnson win the last London mayoral election  and well-known for his ” dog whistle” techniques to woo voters is about to cause a furore in Australia in a trial that a judge says is already ” heading down the path of a famous defamation.”

He is the latest top figure after Lord McAlpine, the former Tory treasurer, decided to sue people for Twitter defamation ( in his case wrongly accused of being a paedophile), to take his chances in the courts. The interesting thing is this case is that it centres around his very election techniques that helped right wingers win power in Australia and could become controversial over here. He is also a tweeter himself (@LyntonKCrosby)- at least while he was helping Boris Johnson’s campaign. Indeed his tweets were quite sharp about the BBC, and the Left during the campaign and he also got into trouble (not on Twitter) over describing the Muslim voter in uncharitable terms – something which he denies.

The full story of the impending libel action is revealed in some detail on the Inforrm blog (http://inforrm.wordpress.com/2013/05/07/news-conservative-strategist-lynton-crosby-and-an-australian-twitter-libel-action/) .

Official Australian Government portrait of Mike Kelly MP, defence materials minister and twitter libel fighter

Official Australian Government portrait of Mike Kelly MP, defence materials minister and twitter libel fighter

The man being sued by Crosby is an Australian defence minister, Mike Kelly ( ‏@MikeKellyMP)

in the Labor government who tweeted that Mr Crosby had used unethical polling techniques to help win the election for the Liberals. The damaging tweet said: ““always grate [sic] to hear moralizing from Crosby, Textor, Steal and Gnash. The mob who introduced push polling to Aus.”

Crosby took exception to this as push polling is illegal in Australia  as it attempts to change people’s opinions by pretending to conduct a neutral poll. As Inforrm reports ”  Crosby  and his company claimed his opponents said he ” had introduced a polling technique that had the deceitful purpose of deliberately influencing voters with material slanted against the opposing candidate.  They seek aggravated damages because they say Dr Kelly failed to apologise, used sensational language and published the tweet knowing it was false, or with reckless indifference to its truth or falsity.”

But Mr Kelly is not backing down despite losing an attempt to have the libel thrown out and being ordered to pay $100,000 costs. He has got the financial backing of the New South Wales Labor Party and both sides will be back in court on June 7.

So Mr Crosby is about to be a bit distracted just when he should be advising Cameron on how to handle the rise of Ukip. But there is also interesting side to this story. Will Crosby launch similar type actions against prominent Labour tweeters here – if they dare attack him during the 2015 election campaign. Will Tom Watson, Labour’s campaign manager,a prolific tweeter and man prepared to take on the wrath of Murdoch, find himself in the centre of a fresh row.

Whatever happens there no seems a much bigger chance of what  former party Tory deputy chairman @LordAshcroft tweeted only a week ago ( “Lynton Crosby becoming the story. Dirty linen/public. Whatever the merits not good for the Tories.” This was not about this story but the blogosphere could be about to get a lot more controversial, nastier and dangerous during the 2015 election.

Brave Article, Very Brave Lady.

Yasmin Alibhai-Brown is a particularly honest and decent journalist who is prepared to take up causes and issues others might ignore. I am reproducing her article today on the exposure of Stuart Hall via The Needle blog because it is also providing an invaluable archive of child abuse over the last 30 years.Those who are following the Richmond child abuse scandal will find the articles well worth studying as they illustrate the depth of successive cover ups of this issue today and in the past.

gojam's avatartheneedleblog

I think The Independent were brave to publish this article and the lady who wrote the original correspondence which launched the investigation into Stuart Hall was very brave indeed. Please read the entire article.

While most of the media are portraying the crimes Stuart Hall has pleaded guilty to as inappropriate kissing and groping this article betrays the lie to all that and indicates possible collusion with others in the establishment.

I have been waiting anxiously for this moment, the moment when Stuart Hall would either be found guilty or innocent of the sexual abuse of young girls.

Last year I became personally involved in this saga, and that involvement led to the investigation by Lancashire Police which ended with Hall’s confession. His victims must have feared that with his power and money he would fight their allegations and win. He did initially deny all charges and made statements about his “innocence”…

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How Britain’s Political parties still campaign in an age of steam

Very 19th century: Ed Miliband campaigning, Pic credit:BBC

Very 19th century: Ed Miliband campaigning, Pic credit:BBC

The county council elections are upon us. Ed Miliband goes on a soapbox, leaflets are pushed through doors, canvassers turn up on doorsteps and people are supposed to rush to polling stations.

How brilliantly nineteenth century when  Gladstone and Disraeli drew crowds of thousands or even early twentieth when  Churchill (then a Liberal like Clegg) and Balfour campaigned across Manchester.

Politicians seem wedded to the old ways – like our splendid heritage railways – harking back to the glorious age of steam.

But this is the twenty-first century – the age of the internet, Facebook, Twitter, WordPress, and the rise of the blogger. – and the parties still – especially Labour – seem totally oblivious.

Indeed it is said that Tony Blair never communicated by computer – always getting a gopher to do his work – and  Gordon Brown tried to – but I gather his mistyping and mispelling are going to provide a field day  for commentators when his 5.30 am  e-mails are eventually released in 20 odd years time.

I see from my lobby colleague Oliver Wright ( http://ind.pn/11rWoWi)  – that Ed Miliband has asked Matthew McGregor, the British savvy computer guy who helped Obama attack dog Mitt Romney  to work on a new project for them. But this is but a straw.

Compare this to the massive success of campaigns since 2010 by groups like  38 degrees  and the glimmering of fights between Political Scrapbook and Guido Fawkes blog on the net , the rapid rise of hyper local blogs across London  from Barnet to Kidbrooke and  rural Derbyshire to West Wales. Compare  this also to the end of newspaper buying (unless free)  by almost anybody under 40, TV losing ratings, and most news being confined to a few sentences on an I phone.

Yet many politicians still behave as though the entire public still engage in debate in the same way as the crowds listening to Gladstone and Disraeli and avidly reading the morning newspapers. Sorry, I do not see people on the Berkhamsted Flyer debating the merits of Matthew Ancona versus Polly Toynbee.

It is time that  Britain’s political parties looked at how 38 degrees harnessed public opinion and not only used the net to find out what people want but engaged with their own members.

Otherwise David Cameron, Nick Clegg and Ed Miliband are little more than replicas of Squire Boldwood in Far From the Madding Crowd They are sad political estate owners who give an annual Christmas party ( substitute party conferences) for their labourers who till the land (  the party faithful). Why not use  the net for dialogue with their members and bring in the public to debate the issues.

Deference is dead, people want to communicate on an equal basis. They have great freedom to express themselves, from praise to local attack dog, and through the net  reach a wider audience  than they could possibly dream about a decade ago.

But politicians cling to being patricians, all not only out of touch but out of date. None of them has to live on £50 or even £250 a week. No wonder an  old fashioned election campaign is encouraging a party harking back to a Golden Britain, UKIP. Wake up you dozy leaders, get a grip.

Responsibility in Public Office? – Cathy James

I am reblogging this because it reveals an appalling attitude by Cumbria Police to prosecute those who exposed an outrageous expense claim by their new Conservative Police and Crime Commissioner,Richard Rhodes. Such an act is chilling responsible journalism and bullying the staff who rightly disclosed this. Why is there not a proper public log of his use of taxpayers’ money for expenses?

INFORRM's avatarInforrm's Blog

_64200175_richard_rhodesOne cannot fail to be shocked by the way in which the Cumbrian police have dealt with those who leaked information to the press about the excessive expenses of their recently elected Police and Crime Commissioner.  The Commissioner, Richard Rhodes, held a press conference in which he admitted that it was wrong to have incurred the cost of hiring a private chauffeur at the public’s expense, but then said he was not responsible for the decision to prosecute those who put the information into the public domain. 

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Ed Lester gets new £135,000 a year Whitehall job

Ed Lester heads the land registry whose HQ was sold for £37m recently. Pic credit: trevorcoultart.wordpress.com

Ed Lester heads the land registry whose HQ was sold for £37m recently. Pic credit: trevorcoultart.wordpress.com

No problem for top people – even in centre of controversies – getting a new job in Whitehall.

Ed Lester, the former chief executive of the Students Loans Company, whose tax arrangements caused a furore and led to a Whitehall wide inquiry, has been appointed by the  Department of Business, Innovation and Skills to head the Land Registry.

Not surprisingly there is no mention of his controversial past in the Whitehall news release .The same ministry who approved his appointment to the SLC on a deal which meant he received no deductions for tax and national insurance at source, has now appointed him to head the Land Registry – the body  alongside Companies House I used to trace his company and address.

Mr Lester will get a £135,000 a year – somewhat less than at the SLC – and he will pay tax and national insurance at source. He will be eligible for a 20 per cent performance bonus.

Business and Energy Minister Michael Fallon said:
“Ed Lester has the right skills, experience and ambition to meet the new challenges that face the Land Registry. His previous experience of running the Student Loans Company will help to ensure that the Land Registry can become a more nimble, digitally driven organisation.

He is taking on a tough job. The Land Registry  is in  the middle of a controversial plan to slim down its workforce and could eventually be seen as a candidate for privatisation. It has to improve efficiency by 60 per cent and cut costs by £40m a year over five years.

He is likely to find himself under close scrutiny and his decisions will affect every home and business owner in the country when they come to sell or buy a property.