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Sweden: Supreme Court Rules Live Broadcast of Rape Is Aggravated Defamation but Not Violation of Duty to Report Ongoing Rape

(Aug. 8, 2018) On July 2, 2018, the Swedish Supreme Court ruled that a man who had filmed an ongoing rape and broadcast it on Facebook Live was guilty of aggravated defamation (grovt förtal) but not of the crime of failure to report a rape. (Högsta domstolen [Swedish Supreme Court], Case No. B 3552-17 (July […]

Norway: Supreme Court Rules on Boundaries of Hate Speech

(Aug. 7, 2018) On April 12, 2018, the Norwegian Supreme Court issued a judgment under which a person was sentenced to prison for hate speech. (Norges Høyesterett [Norwegian Supreme Court] Dom [Case No.] HR-2018-674-A, Lovdata website; HR-2018-674-A, Supreme Court website.) The Court found that the man, who on August 15, 2015, had repeatedly called another […]

Brazil: Supreme Court Allows Satire of Political Candidates

(June 26, 2018) On June 21, 2018, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) ruled as unconstitutional provisions of the Elections Law that prevented radio and television broadcasters from running humorous programs ridiculing or lampooning candidates, political parties, and coalitions in the three months prior to an election. (Lei das Eleições, Lei No. […]

Brazil: Supreme Court Rules Federal Police Plea Bargains Are Constitutional

(June 25, 2018) On June 21, 2018, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) ruled on a Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade (ADI) 5508) proposed by the Public Prosecutor’s Office (Procuradoria Geral da República), holding that agents of the Federal Police (Delegados) could not make plea bargain agreements (acordos de […]

Israel: Constitutionality of Removal from Parliament for Incitement to Racism or Support for Armed Struggle Against the State

(June 7, 2018) On May 27, 2018, Israel’s Supreme Court, sitting as an extended panel of nine justices, rejected joint petitions challenging the constitutionality of amendments authorizing the Knesset (Israel’s Parliament) to remove sitting members determined to have acted “in a way constituting incitement to racism or support of an armed struggle against the State […]

Israel: Supreme Court Orders Sex-Offense Suspect Arrested Pending Decision on Extradition to Australia

(Mar. 27, 2018) On March 18, 2018, Israel’s Supreme Court ordered the arrest of Malka Leifer (the respondent), a former principal of a Jewish girls’ school in Melbourne, Australia, until a decision is made in her case regarding an extradition request by Australia. (Request 2003/18 Attorney General v. Malka Leifer, STATE OF ISRAEL: THE JUDICIAL […]

Israel: Supreme Court Grants Temporary Injunction Ordering Israeli Bank to Provide Banking Services to Bitcoin-Related Account

(Mar. 16, 2018) On February 25, 2018, Israel’s Supreme Court issued a temporary injunction prohibiting a bank from blocking activities in an account, held by a company trading in bitcoin, until an appeal over the district court ruling recognizing the legitimacy of a permanent authorization for such blockage has been decided. (CA 6389/17 Bits of […]

Brazil: Federal Supreme Court Authorizes Release of Pregnant Women in Pretrial Detention

(Mar. 15, 2018) On February 20, 2018, the second chamber of the Brazilian Federal Supreme Court decided by a majority vote to grant collective habeas corpus to women currently in pretrial detention and place them under house arrest instead. This decision applies to all women prisoners in the national territory who are pregnant or mothers […]

Brazil: Federal Supreme Court Allows Transfer of Two Transvestites to Prisons Compatible with their Sexual Orientation

(Mar. 14, 2018) On February 19, 2018, Justice Luis Roberto Barroso of the Brazilian Federal Supreme Court ruled in a habeas corpus proceeding that two persons who self-identified as transvestites and who had been placed in a men’s prison cell be transferred to a prison that is “compatible with their gender identity.” (Ministro determina transferência […]

Malaysia: Federal Court Rules that State Sharia Court Has Jurisdiction Over Apostasy Cases

(Mar. 6, 2018) On February 27, 2018, it was reported that the Malaysian Federal Court (the highest court in Malaysia) had dismissed an appeal by four people from the state of Sarawak who wished to have their apostasy cases considered in a civil court. (Sharon Ling, Federal Court Rules Jurisdiction to Hear Apostasy Cases Lies […]