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03 February 2021 / Nicholas Dobson
Issue: 7919 / Categories: Features , Human rights , Technology
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The dark arts: Cancel culture & freedom of speech

Nicholas Dobson navigates the murky world of free speech & cancel culture

Back in 1971 Coca-Cola ran a TV advertisement offering universal harmony in a bottle of Coke. All together now: ‘I‘d like to teach the world to sing/In perfect harmony/I’d like to buy the world a Coke/And keep it company.’ Some years later the internet was able to offer universal connectivity, if not always harmony.

But, as the COVID-19 lockdown demonstrated, the internet can be a force for good. Since 23 March 2020 when the stop whistle blew on normal life, it’s been the internet that’s kept people and businesses connected, enabled online shopping, afforded smooth remote working and video connectivity for many and kept life’s essentials ticking. The internet has also developed into an astonishingly rich and deep mine of information on all aspects of the human condition.

But, of course, in every Eden lurks a serpent. And once again the oily snake is human nature itself. For if an invention can do good, it

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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