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Two of Murray's claims in his defence were: https://www.craigmurray.org.uk/archives/2021/01/my-trial-and-freedom-of-speech/ https://www.craigmurray.org.uk/arch
by pricechild 5y ago
Two of Murray's claims in his defence were:
https://www.craigmurray.org.uk/archives/2021/01/my-trial-and-freedom-of-speech/ https://www.craigmurray.org.uk/archives/2021/01/my-trial-and...
> 5. The court order protecting identities did not come into being before 10 March 2020. Most of the Crown’s alleged examples are before this date. We absolutely deny my articles enable jigsaw identification, but even if they did they were not illegal at the time of publication.
together with:
> 6. Up until 10 March 2020, had I wished to publish identities I could have done so quite legally in the articles before that date which the Lord Advocate cites. Unlike England, there is no law in Scotland barring publication of witness identity absent a specific court order. The fact I did not do so in the year between my learning identities and the ban coming into force, in several articles on the case where I could legally have published the identities, make nonsense the Lord Advocate’s contention that I deliberately gave clues.
Much has been made of point 6, and I can understand not being convinced by it.
But is there not truth to point 5? I guess not, since he was found guilty. I'd be interested in reading why this was discounted.
- pmyteh 5y agoOnline publication is deemed 'continuous' as long as the material is up. 'It's an old article' isn't a defence if you're on notice that it needs to be taken down. Incidentally, the robots.txt file for one of Britain's less reputable papers (IIRC The Sun) used to have a specific list of story URLs not to crawl which I suspect were those they'd been ordered to take down after libel actions etc.