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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Could you take Dacre, Rupert murdoch and/or Nigel to Farage

Resolved Question:

Could you take Paul Dacre, Rupert murdoch and/or Nigel to Farage to court for inciting racial hatred prior to and post the Brexit vote?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you

When you say 'you' who do you mean please?
Alex

Customer: replied 10 months ago.
By 'you' I mean an individual (eg me) or group of I duviduals affected as a result of their papers' reporting or as with Nigel his party's written documents, the negative picture of him in front of a group of people of different races or his speeches
Expert:  Ash replied 10 months ago.

You cant take them to Court personally.

But you can make a complaint to the Police. The Police will investigate, interview if necessary and then pass the evidence to the CPS to see if there is enough evidence for a prosecution.

So whilst you cant do this personally, ie bring a prosecution, you can give a statement to the Police.

Can I clarify anything for you about this today please?
Alex

Customer: replied 10 months ago.
What about a civil suit? What would the burden of proof involve? And could i go directly to the court of human rights?
Expert:  Ash replied 10 months ago.

You cant sue civil - its a criminal offence.

No you cant go to the EcHR - that is only claims against the Government or a Public Body.

Even if you wanted a civil claim you are looking at about £20,000 in legal costs and you wont get legal aid.

Does that clarify?
Alex

Customer: replied 10 months ago.
I would need to prove that an article photo or speech directly incited an individual to racial hatred against me? Or would it be enough to link racist articles to the increase in racist attacks since the leave vote and as murdoch and Dacre are the editors of those papers they are responsible?
Expert:  Ash replied 10 months ago.

You would need to show a direct link.

The editors are not personally responsible. The paper would be.

Alex

Customer: replied 10 months ago.
if the police investigated a racially motivated attack against me and arrested someone, how could I prove that individual had done it as a result of a newspaper article or speech? The only way seems to be for the police to ask the individual they arrested and if the person said yes, then the police might investigate. Isn't there any other way?!
Expert:  Ash replied 10 months ago.

Yes the article needs to have incited racial hatred.

ONLY if that happens the editor MAY be liable.

You dont have to prove it was done as a result, it would be for the Police.

But if you took a civil action YOU WOULD need to prove this. It is up to you.

This is why you should go to the Police if you have been offended.

Alex

Customer: replied 10 months ago.
Sorry I don't really understand your last response. Forget the civil suit. If I have had a racial attack against me and believe it is as a result of the press articles and I go to the police. They will investigate the perpetrator who did the attack but not necessarily the press who motivated it.But if I say I am offended by the press and believe it has incited racial attacks generally and go to the police, can they investigate that?
Expert:  Ash replied 10 months ago.

The Police will investigate any complaint.

If you have been attacked then it must be racially motivated.

If you believe what was written has incited attacks generally you can still go to the Police.

The IPSO may consider this anyway: https://www.ipso.co.uk/IPSO/

Does that clarify? Alex

Customer: replied 10 months ago.
thank you
Expert:  Ash replied 10 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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