Comments on: Do Not Post Links To The BNP Membership List http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/ Liberty, if it means anything, is the right to tell people what they don't want to hear Thu, 24 May 2012 17:35:26 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Fact-Checker http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-2/#comment-258037 Fact-Checker Thu, 20 Nov 2008 09:59:23 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-258037 Considering this article has "Law" as its keyword and that David T is actually a practising lawyer, I am absolutely staggered at his assertion; <i>“sub judice” is a rule that prevents discussion IN PARLIAMENT of cases before the courts. It has no application to us.</i> Shame on you David for your ignorance. Considering this article has “Law” as its keyword and that David T is actually a practising lawyer, I am absolutely staggered at his assertion; “sub judice” is a rule that prevents discussion IN PARLIAMENT of cases before the courts. It has no application to us.

Shame on you David for your ignorance.

]]> By: Adrian Monck http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-2/#comment-257837 Adrian Monck Wed, 19 Nov 2008 18:56:37 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257837 "(d) that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest." “(d) that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.”

]]> By: aabi http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-2/#comment-257805 aabi Wed, 19 Nov 2008 17:27:56 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257805 The leaked BNP members list exposes white Christian racists who would never elect a non-white prime minister; who killed Princess Diana for having a Muslim boyfriend. In order to protect the racists, the BNP list disappeared from the Internet within hours. Anti-Muslims disinformation is available from thousands of websites for years. This only proves, beyond any reasonable doubt, that webpage ban laws only work to protect the white Christian and Jewish American and European racist cowards who are not prepared to be named and shamed, and defend their covert abhorrent race hate and criminal acts on TV for the world. The print/air media, law makers, politicians, judges and the law enforcement agencies help protect the BNP cowards. Registered, legitimate and elected white Christian party and their government officials killed Jews in Germany! The leaked BNP members list exposes white Christian racists who would never elect a non-white prime minister; who killed Princess Diana for having a Muslim boyfriend. In order to protect the racists, the BNP list disappeared from the Internet within hours. Anti-Muslims disinformation is available from thousands of websites for years. This only proves, beyond any reasonable doubt, that webpage ban laws only work to protect the white Christian and Jewish American and European racist cowards who are not prepared to be named and shamed, and defend their covert abhorrent race hate and criminal acts on TV for the world. The print/air media, law makers, politicians, judges and the law enforcement agencies help protect the BNP cowards. Registered, legitimate and elected white Christian party and their government officials killed Jews in Germany!

]]> By: Man from Uncle http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-2/#comment-257800 Man from Uncle Wed, 19 Nov 2008 17:10:54 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257800 http://www.smoothound.org is a good read I find. http://www.smoothound.org is a good read I find.

]]> By: Fabian from Israel http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-2/#comment-257768 Fabian from Israel Wed, 19 Nov 2008 15:58:46 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257768 Torrentsssss Torrentsssss

]]> By: LC http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-2/#comment-257767 LC Wed, 19 Nov 2008 15:58:07 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257767 @andy Clearly the member list is sensitive information, and the leaker and likely the first publisher in the chain is punishable, but under Article 10 the government can't indefinitely punish republication of information already available to the public. Even though the case is not open or shut, the caselaw under ECHR imposes a proportionality requirement when the government seeks to punish publication of information. The premise is that once the infomation has become available to the public punishment is no longer a proportionate response to republication and therefore not necessary in a democratic society. Under Article 10 an interference with freedom of expression must not only pursue a legitimate aim in the substantive sense -- protection of privacy, reputation, morals or the rights of others -- but the interference must also be proportionate and likely to attain the asserted aim. So even though the information is sensitive, the caselaw under ECHR imposes a temperal limitation on how and where the government enforce the law. @andy
Clearly the member list is sensitive information, and the leaker and likely the first publisher in the chain is punishable, but under Article 10 the government can’t indefinitely punish republication of information already available to the public.
Even though the case is not open or shut, the caselaw under ECHR imposes a proportionality requirement when the government seeks to punish publication of information. The premise is that once the infomation has become available to the public punishment is no longer a proportionate response to republication and therefore not necessary in a democratic society.
Under Article 10 an interference with freedom of expression must not only pursue a legitimate aim in the substantive sense — protection of privacy, reputation, morals or the rights of others — but the interference must also be proportionate and likely to attain the asserted aim.
So even though the information is sensitive, the caselaw under ECHR imposes a temperal limitation on how and where the government enforce the law.

]]> By: andy http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-2/#comment-257754 andy Wed, 19 Nov 2008 15:25:14 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257754 Pointed a colleage who is an expert in information law and she suggests that "the BNP lists are sensitive data - political opinions... - explicit permission is needed for each and every use, so the ECHR let out wont work." Pointed a colleage who is an expert in information law and she suggests that “the BNP lists are sensitive data – political opinions… – explicit permission is needed for each and every use, so the ECHR let out wont work.”

]]> By: Shay Clipson http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-1/#comment-257743 Shay Clipson Wed, 19 Nov 2008 15:07:04 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257743 can any body tell me how to locate this list of bnp members I can be emailed on gyps1e1957@aol.com can any body tell me how to locate this list of bnp members
I can be emailed on
gyps1e1957@aol.com

]]> By: MatGB http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-1/#comment-257715 MatGB Wed, 19 Nov 2008 14:20:56 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257715 David, I'm not 100% sure that the DPA applies in this case for a variety of reasons. I have been told there's an injunction against publishing it, and I'm also sure that some of those listed could have a case of defamation: we have no idea if the list is accurate, some could have been signed up falsely, etc. Thus linking to or publishing the list could count as defamation, which could get you sued, is likely to be in breach of a court order, which'd get you in contempt, and may also be a breach of the DPA. The linking to thing counts I get from here: http://www.urban75.org/info/libel.html Which seems to be a good basic guide and I've read more in depth advice. Also, you're wrong that sub judice only applies to parliament, it also applies to public discussion and publication, which is why the media frequently have to hold off talking about a case until the jury has returned a verdict. Parliament is very strict on enforcing it for obvious reasons, but it specifically does apply to blog discussions as well. David, I’m not 100% sure that the DPA applies in this case for a variety of reasons. I have been told there’s an injunction against publishing it, and I’m also sure that some of those listed could have a case of defamation: we have no idea if the list is accurate, some could have been signed up falsely, etc.

Thus linking to or publishing the list could count as defamation, which could get you sued, is likely to be in breach of a court order, which’d get you in contempt, and may also be a breach of the DPA.

The linking to thing counts I get from here:
http://www.urban75.org/info/libel.html

Which seems to be a good basic guide and I’ve read more in depth advice.

Also, you’re wrong that sub judice only applies to parliament, it also applies to public discussion and publication, which is why the media frequently have to hold off talking about a case until the jury has returned a verdict. Parliament is very strict on enforcing it for obvious reasons, but it specifically does apply to blog discussions as well.

]]> By: Andrew Adams http://hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/comment-page-1/#comment-257683 Andrew Adams Wed, 19 Nov 2008 13:29:57 +0000 http://www.hurryupharry.org/2008/11/19/do-not-post-links-to-the-bnp-membership-list/#comment-257683 Not that I'm advocating linking to the list, but what would the penalty be, assuming it was a breach of the DPA? I was going to make a complaint about misuse of my data a while back but as far as I could see all that would happen is that the data commissioner would have a stern chat with the company involved so I didn't bother. Not that I’m advocating linking to the list, but what would the penalty be, assuming it was a breach of the DPA?

I was going to make a complaint about misuse of my data a while back but as far as I could see all that would happen is that the data commissioner would have a stern chat with the company involved so I didn’t bother.

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