I think the case is r v Waddon 6 April 2000 (CA), 2000 WL 491456 which does
not appear to have had wide coverage in the law reports.
"In the case of R v Waddon, the defendant had prepared the obscene
material in England, and uploaded it from England to a website in the US,
from which it was then downloaded by a police officer in London. He argued
at his trial that the material was not published in the UK for the purposes
of the OPA 1959, and was thus outside the court's jurisdiction. However,
the court held that Waddon was involved both in the transmission of
material to the website and its transmission back again to this country,
when the police officer gained access to the website - and there was, for
the purposes of the OPA 1959, publication on the website abroad, when
images were uploaded there; and then further publication when those images
were downloaded elsewhere." from 'Criminal Law and Liability' in Staying
Legal: A guide to issues and practice affecting the library, information
and publishing sectors (2nd ed.) eds. Armstrong, C. J. & Bebbington, L. W.
(Facet Publishing, 2003, ISBN: 1856044386).
Best wishes
Andrew
--On 05 October 2006 15:03 +0100 Nigel Roberts <[log in to unmask]>
wrote:
> Interesting. It doesn't invalidate the UK DP discussion, but does add a
> quirk as a matter of practical enforcement.
>
> There is a precedent on the issue of jurisdiction. Someone who was
> managing from the UK a website in the USA offering obscene material
> contrary to the Obscene Publications Act was IIRC successfully prosecuted.
>
> I will try and find the case.
>
>
>
> Iain Harrison wrote:
>> Another point to note is that, as I recall from previous media coverage
>> (this site has been around for a while) it that the site is actually
>> hosted outside the UK (in the US I believe).
>>
>> Iain Harrison
>> Information Management Consultant
>> Leicester City Council
>> 0116 252 7606
>>
>>>>> Nigel Roberts <[log in to unmask]> 10/05/06 2:33 pm >>>
>> There is some quite complex law involved, in addition to DP issues.
>>
>> However I think, viewed objectively, this does raise some serious DP
>> issues irrespective of who is publishing this information, or their
>> motivation. I will confine myself to the DP issues. (I think incitement
>> is a difficult one to prove, if it's done with a 'nod and a wink').
>>
>> DP matters which spring to mind are :-
>>
>> 1. Has the publisher Notified his processing to UKIC
>> 2. Was the data collected fairly and lawfully?
>> 3. Does the publisher have the informed consent of the data subjects?
>> 4. Can the Data Subjects issue a Prevention of Processing notice?
>>
>>
>>
>> Nigel Roberts
>>
>> Tim Trent wrote:
>>> We do not usually do this. However I have had this passed to me by a
>>> list member who is not unreasonably concerned about retaliation. When
>>> you read the message you will see why. Since these are unusual
>>> circumstances I have undertaken not to set a precedent, but to post
>>> this in my own name and protect the person who emailed me. They would
>>> be grateful for advice from list members on
>>>
>>> a) Whether it is appropriate for a Data Protection response
>>> b) If so, what that response should be
>>>
>>> I am posting it verbatim apart from protecting the identity or
>>> location. I will add any reply of my own as a reply to the initial
>>> circulation.
>>>
>>> Message begins:
>>>
>>>> All,
>>>> If any of you read yesterday's national Guardian in the G2 suppliment
>>>> you would have read about a website called Redwatch. It is an extreme
>>>> right web site which encourages contributors to photograph enemies of
>>>> such organisations as the BNP to photograph people, typically
>>>> journalists, councillors, demonstrators, political opponents,
>>>> anti-racists, indeed anybody who opposes their extreme policies. They
>>>> then publish the photos and if available their addresses on the
>>>> website with a strong implication that some kind of retaliation is
>>>> appropriate. One phrase on their homepage reads "we must be prepared
>>>> to unleash all the furies of hell". Nice people !
>>>> How can we pass on this insight into the basic style of the BNP those
>>>> residents who voted BNP in May's election?
>>>
>>>
>>>
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