A Spycatcher Moment
Mahmood is an undercover reporter for Rupert Murdoch's 'News of the World', whose rather odd way of gaining scoops is to pose as a sheikh in order to dupe celebrities into committing indiscretions.
As George Galloway tells it, and reported in 'The Guardian', Mahmood attempted to,
"make him the target of a sting late last month by attempting to get him to make anti-semitic remarks and implicate him in illegal party financing at a London hotel.
He has branded Mahmood - whose previous victims include the Countess of Wessex and the England manager, Sven-Goran Eriksson - "an agent provocateur and a disgrace to journalism".
Mr Galloway had made good on his threat to out Mahmood earlier yesterday, when he sent two pictures of the reporter to all MPs and the royal family, as well as posting the pictures on the Respect party website."
Yesterday, Mahmood toddled off to the High Court and obtained a sweeping order against Galloway preventing publication or distribution of his image (.pdf).
London solicitors Farrer & Co. have demanded that the puckish political blogger Recess Monkey remove Mahmood's image from his website; a demand with which the blogger feels he is required to comply (HT - Tim Worstall).
I'm not required to comply with it.
I am domiciled in Scotland and own no property in either England or Wales; I have little interest in anything that happens there at the best of times.
The independence of Scots law was guaranteed by The Acts of Union.
In 1987, the Court of Session rejected the Government's plea that the publication of 'Spycatcher' be interdicted on the basis that a global interdict could not be competent (Lord Advocate -v- Scotsman Publications).
And contrary to article 3 of the order, the Internet is not governed by the law of England and Wales. 'Blogger' is not my ISP but my host; and in any event Blogger's Terms & Conditions of Service make clear that disputes concerning Blogger are governed by the laws of the State of California.
For as much as Galloway is a loathesome wretch seemingly bent on creating a British Islamic Left, with a penchant for repeating myths and full of the greed shared by all his generation, in this matter he might just be the British Larry Flynt; the bum whose protected free speech demonstrates that the free speech of all is protected.


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