Section 14

Reporters Without Borders has named its “Predators of Press Freedom” for 2007. How many can you name? Follow the link for answers and a bio of each.

The Supreme Court has upheld the right to protest (PDF) by throwing out the disorderly behaviour conviction of a man who protested outside a policewoman’s home.

A couple of days after being woken at 3am by police with a search warrant, Allistair Brooker followed the officer responsible home after her night shift and later that morning knocked on her door, waking her up. When told to “piss off” he left the property but stayed on the street outside singing a song about how unpleasant it is to be woken up unexpectedly.

Brooker was arrested and later convicted of disorderly behaviour. He took the conviction all the way to the Supreme Court, where it was overturned.

After discussing the limits of the disorderly behaviour charge, Chief Justice Sian Elias said in her judgement:

A tendency to annoy others, even seriously, is insufficient to constitute the disruption to public order which may make restrictions upon freedom of expression necessary.

Elias has got it right - the right to express yourself must include the right to annoy others. Any alternative would effectively ban dissent.

Brooker should be congratulated for two things. The first is the good-natured (impish, even?) manner of his protest - something the Anzac Day vermin, also facing disorderly behaviour charges, might like to consider. Second is his resolve in taking a minor charge all the way to the Supreme Court. It is these sorts of decisions that determine how free we are in the long run and it takes courageous defendants to get these decisions made.

Hat tip: No Right Turn.