Author Topic: Duty of Reserve.  (Read 24616 times)

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Alfie

  • Guest
Re: Duty of Reserve.
« Reply #105 on: March 13, 2017, 09:23:40 AM »
Oh this would only apply in Portugal.  You'd think because  they quote European Law it would also apply throughout the EU and that includes UK doesn't it?
Nah, Portugal makes it up as it goes along - IMO.

stephen25000

  • Guest
Re: Duty of Reserve.
« Reply #106 on: March 13, 2017, 09:25:30 AM »
I've no idea. All I know is that in Portugal you will find it difficult to claim someone breached your right to privacy if you yourself voluntarily sacrificed your privacy.

Precisely the point, and that is what the McCann's did.

There is that infamous Sun headline.

Offline Erngath

Re: Duty of Reserve.
« Reply #107 on: March 13, 2017, 09:26:37 AM »
I've no idea. All I know is that in Portugal you will find it difficult to claim someone breached your right to privacy if you yourself voluntarily sacrificed your privacy.

How does one voluntarily sacrifice one's privacy if one is a Portuguese politician or a public figure.
Does the same apply to any private person who is drawn into the public eye?
Deal with the failings of others as gently as with your own.

Offline Robittybob1

Re: Duty of Reserve.
« Reply #108 on: March 13, 2017, 09:28:42 AM »
Nah, Portugal makes it up as it goes along - IMO.
You could be right there.
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Offline Erngath

Re: Duty of Reserve.
« Reply #109 on: March 13, 2017, 09:31:48 AM »
In the precedent set by the Portuguese courts in the McCann case it would seem so, yes, but only in Portugal.  As far as providing details of their private life, Amaral's wife even went so far as to confirm that her ex is (was) a red hot lover.  TMI!!!!

Indeed.
Deal with the failings of others as gently as with your own.

Offline G-Unit

Re: Duty of Reserve.
« Reply #110 on: March 13, 2017, 09:39:56 AM »
How does one voluntarily sacrifice one's privacy if one is a Portuguese politician or a public figure.
Does the same apply to any private person who is drawn into the public eye?

Perhaps they take the same view as the US? I posted this earlier;

I don't know about Portugal, but US libel law is different for 'public figures'. Interestingly, the Supreme Court judges referred to the McCanns as public figures;

In United States law, public figure is a term applied in the context of defamation actions (libel and slander) as well as invasion of privacy. A public figure (such as a politician, celebrity, or business leader) cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice (knowledge of falsity or reckless disregard for the truth).[1] The burden of proof in defamation actions is higher in the case of a public figure......A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention.
https://en.wikipedia.org/wiki/Public_figure
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ferryman

  • Guest
Re: Duty of Reserve.
« Reply #111 on: March 13, 2017, 03:31:28 PM »
One thing is certain.

If Operation Grange, a joint Portuguese/Scotland Yard investigation, pursuing leads not remotely connected with the McCanns nor any of their friends, cracks the case and brings perpetrator(s) of crime(s) against Madeleine to book, these Supreme Court judges will be made to look slightly daft.

If they don't already.

Offline Robittybob1

Re: Duty of Reserve.
« Reply #112 on: March 13, 2017, 03:55:20 PM »
One thing is certain.

If Operation Grange, a joint Portuguese/Scotland Yard investigation, pursuing leads not remotely connected with the McCanns nor any of their friends, cracks the case and brings perpetrator(s) of crime(s) against Madeleine to book, these Supreme Court judges will be made to look slightly daft.

If they don't already.
Don't they make it clear they are not examining the truth of the case, but just Amaral's right to publish something a normal active police officer would not be allowed to due to the duty of reserve.
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Offline G-Unit

Re: Duty of Reserve.
« Reply #113 on: March 13, 2017, 06:11:23 PM »
One thing is certain.

If Operation Grange, a joint Portuguese/Scotland Yard investigation, pursuing leads not remotely connected with the McCanns nor any of their friends, cracks the case and brings perpetrator(s) of crime(s) against Madeleine to book, these Supreme Court judges will be made to look slightly daft.

If they don't already.

Incorrect! There is no joint investigation.
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ferryman

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Re: Duty of Reserve.
« Reply #114 on: March 13, 2017, 06:26:37 PM »
Incorrect! There is no joint investigation.

I've no clue why you waste your time and everyone else's denying facts.

Offline slartibartfast

Re: Duty of Reserve.
« Reply #115 on: March 13, 2017, 06:32:25 PM »
I've no clue why you waste your time and everyone else's denying facts.

Please provide cite for a joint investigation. N.B. It doesn't mean they are in communication.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

stephen25000

  • Guest
Re: Duty of Reserve.
« Reply #116 on: March 13, 2017, 06:32:50 PM »
One thing is certain.

If Operation Grange, a joint Portuguese/Scotland Yard investigation, pursuing leads not remotely connected with the McCanns nor any of their friends, cracks the case and brings perpetrator(s) of crime(s) against Madeleine to book, these Supreme Court judges will be made to look slightly daft.

If they don't already.


Crack what.

ferryman

  • Guest
Re: Duty of Reserve.
« Reply #117 on: March 13, 2017, 06:36:23 PM »
Please provide cite for a joint investigation. N.B. It doesn't mean they are in communication.

At one time you used to be able to bring up the remit of operation grange which makes plain exactly who is involved in the investigation and that Portuguese agencies of law enforcement have primacy in a joint investigation.

Now you can't.

That isn't because the remit has changed.

It is because those who know how to manipulate google caches have done so.

I have, in the past, produced it often enough on this board.

Scroll down to the 6th post in this link

http://miscarriageofjustice.co/index.php?topic=2784.msg128109#msg128109

What all the links in the post by Redblossom now bring up is this.

https://beta.met.police.uk/
« Last Edit: March 13, 2017, 06:43:14 PM by ferryman »

Offline G-Unit

Re: Duty of Reserve.
« Reply #118 on: March 13, 2017, 06:43:15 PM »
I've no clue why you waste your time and everyone else's denying facts.

Because you waste your time and everyone else's inventing facts?
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Offline slartibartfast

Re: Duty of Reserve.
« Reply #119 on: March 13, 2017, 06:50:22 PM »
At one time you used to be able to bring up the remit of operation grange which makes plain exactly who is involved in the investigation and that Portuguese agencies of law enforcement have primacy in a joint investigation.

Now you can't.

That isn't because the remit has changed.

It is because those who know how to manipulate google caches have done so.

I have, in the past, produced it often enough on this board.

Scroll down to the 6th post in this link

http://miscarriageofjustice.co/index.php?topic=2784.msg128109#msg128109

What all the links in the post by Redblossom now bring up is this.

https://beta.met.police.uk/

You mean...

“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.