As reported by the Telegraph, earlier this month the UK Supreme Court heard the case of Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust. The FSU had been granted permission to intervene in the case, confirming our position as the UK’s primary free speech organisation.
The case concerns the ability of hospitals to prevent public discussion of what they do. Two families – the parents of Zainab Abbasi and the parents of Isaiah Haastrup – asked for reporting restriction orders to be lifted so they could discuss the care their children received before they died. A strong Court of Appeal bench had ruled in favour of the right of the parents, and everyone else, to discuss NHS care of children in end of life cases – a matter that is manifestly of general public interest, particularly as one of the hospitals had admitted negligent treatment. The hospitals then appealed to the Supreme Court.
The hospitals argued that allowing the parents to speak out would encourage third parties to harass and abuse clinical staff. Preventing this risk, they argued, was a justifiable ground to restrict the parents’ right to freedom of speech.
The FSU resisted this argument in robust written submissions, which can be viewed by clicking here. We argued that:
- The remote risk that others may act irrationally is an inadequate reason to restrict free speech, as it would amount to a universal heckler’s veto – there is always a risk that some will engage in harassment and abuse.
- The law already has means of restraining harassment and offensive communications, and these are more than adequate means of protecting the clinicians – the law does not need to restrict speech any further.
- The hospitals’ desire to shield their staff from abuse amounted to a mere interest, not a fundamental right – as such it could not justify restriction of the fundamental right to speak out on matters of public interest.
FSU’s submissions – superbly drafted by barristers Tom Cross and Raphael Hogarth of 11KBW chambers – were addressed in oral argument by the hospitals’ barrister Gavin Millar KC. A recording of the hearing is available here.
We were represented in this matter by law firm Branch Austin McCormick LLP, who write: “The Free Speech Union is the leading organisation protecting free speech in our country. Our partner Elliot Hammer is delighted to act for the FSU in the Supreme Court in this landmark case on free speech for patients and their families when they are being treated by the medical profession.”
