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Legal news from Friday, May 13, 2011 |
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Social media creating new opportunities for rights activists: AI report
Sarah Paulsworth on May 13, 2011 4:09 PM ET

[JURIST] Recent revolutions in the Middle East and North Africa have demonstrated the unique opportunities that social media has created for human rights activists, according to an Amnesty International (AI) [advocacy website] report [text] released on Friday. However, repressive governments are now striking back by seeking to gain control of mobile telephone networks and the Internet. "The rise of social media offer an unprecedented opportunity for human rights changebut this change stands on a knife-edge," AI said in its report. In particular, during the recent uprisings in Tunisia and Egypt [JURIST reports], the governments there restricted Internet access and shut down mobile telephone networks. At the same time, AI noted other governments, including the regimes in Syria, Bahrain, Yemen and Libya have embraced more ruthless tactics to counter activism, including murder. According to AI Secretary General Salil Shetty [official profile]:People are rejecting fear. Courageous people, led largely by youth, are standing up and speaking out in the face of bullets, beatings, tear gas and tanks. This braverycombined with new technology that is helping activists to outflank and expose government suppression of free speech and peaceful protestis sending a signal to repressive governments that their days are numbered. But there is a serious fight-back from the forces of repression. The international community must seize the opportunity for change and ensure that 2011 is not a false dawn for human rights. Much of the discontent that sparked the 2011 Arab revolutions was bubbling to surface even before 2011 and is reflected in AI's 2010 Annual Report [materials].
In late February, Human Rights Watch reported that more than 230 protesters had been killed within a six-day period in Libya, with the military and government supporters using live ammunition and machine guns on protesters, a shutdown of the Internet [JURIST report] and the arrest of those who spoke to foreign press. Syrian Internet users reported in early February that social media sites Facebook and YouTube are accessible [JURIST report] without proxy servers or VPNs. Syria appeared to be lifting the ban imposed in 2007 as a concession to avoid popular upheaval [DP report] in Syria. In late January, UN High Commissioner for Human Rights Navi Pillay acknowledged reports of tactics including rubber-coated bullets, tear gas, water cannons and batons [JURIST report] in Egypt, and called on the government to investigate the reports of excessive force including civilian deaths. Pillay also pressed the government to lift the emergency law that had been in force for nearly 30 years and restore the use of mobile phones and social networks.


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Record companies reach settlement with file-sharing site LimeWire
Jaclyn Belczyk on May 13, 2011 4:02 PM ET

[JURIST] Several major record companies announced Thursday that they have reached a $105 million settlement with music file-sharing website LimeWire [website]. A judge for the US District Court for the Southern District of New York [official website] had issued a permanent injunction [text, PDF] in October to prevent the site from providing online users with the software necessary to share copyrighted files. The district court ruled that the Recording Industry Association of America (RIAA) [trade website] has suffered and continues to suffer irreparable harm to its business and that even a permanent injunction will not give RIAA adequate remedy for its potential future injury as a result of continued peer-to-peer (P2P) file sharing. The court also decided that LimeWire intentionally encouraged copyright infringement, particularly in light of its knowledge of other recent cases involving illegal file-sharing websites, like Grokster and Aimster [EFF materials]. The RIAA welcomed the settlement agreement:The significant settlement underscores the Supreme Court’s unanimous ruling in the Grokster casedesigning and operating services to profit from the theft of the world’s greatest music comes with a stiff price. The resolution of this case is another milestone in the continuing evolution of online music to a legitimate marketplace that appropriately rewards creators. This hard fought victory is reason for celebration by the entire music community, its fans and the legal services that play by the rules. If a settlement had not been reached, LimeWire found Mark Gorton could have been liable for as much as $1.4 billion.
The US music industry has been actively litigating alleged copyright infringement in person-to-person online file sharing. In January 2010, a federal judge reduced [JURIST report] a $1.92 million jury verdict against a Minnesota woman who was found to have violated music copyrights to about $54,000. Chief Judge Michael Davis of the US District Court for the District Court of Minnesota [official website] called the damages amount "monstrous and shocking" and said the facts of the case could not justify the jury verdict. Davis emphasized that the defendant was an individual consumer who downloaded music for her own use and not for profit and also said that the damages to the plaintiffs, members of the RIAA, did not support the verdict. The judge ultimately decided the award should be triple the statutory minimum of $750 per song, because the defendant willfully shared 24 songs on the file-sharing program KaZaA [website] and because of the need for deterrence. In 2008, the RIAA said that it would discontinue its controversial policy [JURIST report] of suing suspected file-sharers and instead will seek cooperation with major Internet service providers to cut off access to repeat offenders.


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Missouri lawmakers approve late-term abortion ban
Jaclyn Belczyk on May 13, 2011 2:54 PM ET

[JURIST] The Missouri House of Representatives [official website] on Thursday gave final approval [press release] to legislation [HB 213 materials] that would ban abortions [JURIST news archive] after 20 weeks of pregnancy. The measure, passed by a vote of 121-33, would impose penalties on doctors who fail to comply with the new restrictions. It would provide some exceptions, permitting abortions of viable fetuses only when the woman's life is endangered by a physical illness or disability, or when continued pregnancy poses the risk of substantial physical impairment to the pregnant woman. The legislation further requires a concurring opinion from a second physician before the abortion of a viable fetus can be performed. Doctors who abort viable fetuses in violation of the late-term abortion law could face up to seven years in prison and fines between $10,000 and $50,000. The measure was approved by the Senate in April after receiving preliminary approval [JURIST report] from the House in March. The bill will now go to Governor Jay Nixon [official website] for his signature.
Missouri is just the latest of several states to impose restrictions abortions after the 20-week mark, when some studies suggest a fetus can begin feeling pain. Indiana, Alabama, Ohio and Oklahoma [JURIST reports] have each passed legislation this year which restricts the abortion procedure after 20 weeks of pregnancy. Iowa, Kansas and Idaho [JURIST reports] have also recently passed legislation restricting late-term abortions.


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ICC urges Djibouti to cooperate with arrest of al-Bashir
LaToya Sawyer on May 13, 2011 1:31 PM ET

[JURIST] The International Criminal Court (ICC) [official website] on Thursday informed [press release] the UN Security Council and the Assembly of States Parties about a recent visit by Sudanese President Omar-al Bashir [case materials; JURIST news archive] to Djibouti [BBC country profile] for the inauguration of the country's president. The notice also served as a reminder to Djibouti that, as a state party to the Rome Statute [text, PDF], it had an obligation to cooperate with warrants for arrests issued by the ICC for the Sudanese president. Al-Bashir faces seven counts of war crimes and crimes against humanity as well as three charges of genocide [JURIST reports] in relation to the Darfur conflict [BBC backgrounder]. The ICC rests its authority on enforcing Djibouti's obligation on prior decisions it has made regarding al-Bashir's arrest. The ICC reminded the states parties that pursuant to the warrants of arrests issued in March 2009 and July 2010 against al-Bashir, "the ICC Registrar had issued and transmitted requests for arrest and surrender of Mr. Al Bashir to all States Parties to the Rome Statute, including Djibouti." In addition to informing the council, the ICC has left room for the ICC and state party members to use any appropriate measures to effectuate the arrest of al-Bashir.
Other countries have also been reported for failing to arrest al-Bashir while he has been present inside their borders. In October, the ICC requested that Kenya arrest al-Bashir [JURIST report] while he visited that year for a second time. Previously, a-Bashir had visited Kenya for the signing of the country's new constitution [JURIST report]. Following his visit, the ICC reported Kenya [decision, PDF; JURIST report] to the UN Security Council and the Assembly of States Parties to the Rome Statute for the violation in not arresting al-Bashir. Also following his August visit, former UN secretary-general Kofi Annan urged Kenya to reaffirm its cooperation with the ICC by arresting al-Bashir [JURIST report]. In July, the ICC called for al-Bashir's arrest [JURIST report] during his visit to Chad, marking the first visit to an ICC member state since the warrants were issued. The ICC also reported Chad [decision, PDF] to the Security Council and Assembly of States Parties.


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Bangladesh high court lifts ban on fatwas, forbids enforcement
Jaclyn Belczyk on May 13, 2011 11:06 AM ET

[JURIST] The Supreme Court of Bangladesh [official website] on Thursday lifted a 10-year ban on fatwas, or Islamic religious edicts, but ruled that they cannot be enforced as punishment. The court found that fatwas can only be issued by appropriately educated persons [Daily Star report] and that no one can be forced to accept a fatwa. The court had declared fatwas illegal in 2001, but, in 2010, the court ruled that a person cannot be punished for issuing a fatwa. Thursday's ruling was welcomed [Daily Star report] by scholars and rights activists, but groups urged caution against the impact of the fatwa being declared legal. Clerics have criticized the ruling [BBC report].
Bangladesh, whose population is over 90 percent Muslim, has nonetheless maintained a secular legal system. In August, the Supreme Court ruled that workplaces and schools cannot force individuals to wear religious clothing [JURIST report] such as veils and skull caps. The court found that wearing religious clothing is an individual choice and cannot be made mandatory, and requiring individuals to wear religious clothing is a human rights violation in contravention of the Bangladeshi Constitution [text]. In July, the Supreme Court overturned a constitutional amendment that had allowed religious parties to participate in politics [JURIST report]. The court, upholding a lower court decision, held that the Fifth Amendment to the Bangladeshi Constitution, which allowed the participation of religious political parties and legitimized military rule, violated the principle of secularism and representative democracy found in the constitution's preamble.


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Pakistan court restrains president from political activities
LaToya Sawyer on May 13, 2011 10:51 AM ET

[JURIST] Pakistan's Lahore High Court (LHC) [official website] ruled Thursday that President Asif Ali Zardari [BBC profile] must not participate in political activities, insisting that the president's role is to remain neutral. Currently, Zardari also serves as a co-chairman for the Pakistan Peoples Party (PPP) [party website]. The decision to remove Zardari from head of political party is in response to petitions challenging Zardari's ability to effectively serve in two roles [JURIST report]. Those in opposition to Zardari also claimed that Zardari was violating Pakistan's constitution [text] by serving in the capacity of president and party head simultaneously. The court rejected the argument that Zardari enjoyed presidential immunity from judicial intervention under the constitution. The LHC verdict, in support of the claim that the president should be a symbol of impartiality, ordered that Zardari disassociate himself from all political activities immediately.
Since becoming president in 2008, Zardari has faced several challenges. Last year, Zardari signed into law [JURIST report] the 18th Amendment bill [text, PDF], limiting presidential powers expanded under Pervez Musharraf. Under the amendment, which effectively reduces the role of the president to a figurehead, the vast majority of the president's powers will be transferred to the office of the prime minister. The introduction of the bill came amid controversy over reopening corruption investigations against Zardari. Weeks earlier, Pakistan's attorney general Anwar Mansoor announced his resignation over controversy surrounding a Supreme Court order to investigate corruption allegations [JURIST reports]. Swiss authorities denied a request [JURIST report] from Pakistan's National Accountability Bureau [official website], refusing to reopen a corruption investigation against Zardari. Aides to Zardari believed that presidential immunity protects him from prosecution, even after the Supreme Court overturned an amnesty law [JURIST report] implemented by Musharraf.


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