Advise whether, and if so how, Katy can use the Human Rights Act 1998 to challenge the lawfulness of her arrest, and prevent her image being shown on future broadcasts. What legal arguments she could make under the Human Rights Act and what remedy or reme

Katy is opposed to the government in Sri Lanka and attends a march in Manchester protesting against the Sri Lankan Government’s human rights record. She is giving out leaflets to passers-by, urging them to support the protest and attend future demonstrations. She is also urging them to boycott Sri Lankan goods and write to their local MP to request the UK Government speak out more against the human rights abuses.

 

The march has been infiltrated by pro Sri Lankan Government supporters who are intent on causing violence to disrupt the march and clashes with the Police break out. Some demonstrators begin throwing things at the Police and chant anti police slogans. Katy is targeted by the police, arrested and taken to the police station. The reason for her arrest being given as ‘to prevent a breach of the peace’. She maintains she has been peacefully protesting throughout the march. When the demonstration is over she is released without charge.

 

That night Katy sees herself on television. She later finds out that the Police have asked broadcasters to show images of the demonstration on TV with a request for people to phone in with the names of demonstrators causing the trouble. Katy’s face is clearly visible and she is worried that she may lose her job if she is identified on the march.

 

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