20 Mar 13 | News and features
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Forced evictions of India’s marginalised Dalit community in Delhi have been carried out by the country’s government
All over the world today, both in developing and developed states, liberal democracies and less free societies, there are groups who struggle to gain full access to freedom of expression for a wide range of reasons including poverty, discrimination and cultural pressures. While attention is often, rightly, focused on the damaging impact discrimination or poverty can have on people’s lives, the impact such problems have on free expression is less rarely addressed.
We are not talking about the classic examples of challenges to freedom of expression where repressive regimes attempt to block, limit and inhibit across a population as a whole. Rather we are looking at cases where in both more and less free societies particular groups face greater barriers to free expression than the wider population. Such groups can often be denied an equal voice, and active and meaningful participation in political processes and wider society. Poverty, discrimination, legal barriers, cultural restrictions, religious customs and other barriers can directly or indirectly block the voices of the already marginalised. How much do these barriers and lack of access to freedom of expression matter? A lot – as the examples below tell us.
Why is access to freedom of expression important? Freedom of expression is a fundamental human right. It also underpins most other rights and allows them to flourish. The right to speak your mind freely on important issues in society, access information and hold the powers that be to account, plays a vital role in the healthy development process of any society.
The lack of access to freedom of expression is a problem that particularly affects the already marginalised – that is, minorities facing discrimination both in developed and developing countries, from LGBT people in African countries, to disabled people in Western Europe. While the scale of their struggles varies greatly, the principle is the same: within the context of their society, these groups face greater barriers to freedom of expression than the majority. If they are unable to communicate their ideas, views, worries and needs effectively, means they are often excluded from meaningful participation in society, and from the opportunity to better their own circumstances. In other words, discrimination is one of the core elements of unequal access to freedom of expression.
Access to free expression is also vital both to support the development process and as a development goal in its own right. The connection was perhaps most famously put forward by Amartya Sen in his widely cited book — Development as Freedom — where he argued that expansion of freedom is both the primary end and the principal means of development
It is striking to note the way in which cultural and religious customs are sometimes used to clamp down on various minorities’ rights to expression and assembly in many countries around the world. Human Rights Watch’s latest world report states that “traditional values are often deployed as an excuse to undermine human rights.” One example of this is the caste system still in place in countries including India, Nepal and Pakistan. This is culturally-based discrimination on a major, systematic scale. A significant proportion of the Dalits, (lower-caste people, or “untouchables”) are barred from participation in public life and have a limited say in policies that directly affect them. In May 2008, the Dalit community in the Nesda village in the state of Gujarat attempted to stage a protest after being excluded from the government’s development funds allocation, by refusing to fulfil their historic “caste duty” of disposing of dead animals. The dominant caste in the region promptly blocked the protest through a ‘social boycott’, forbidding any social or economic interaction between Dalits and non-Dalits. This is only one example of Dalit’s being barred from having a say in development matters directly relating to them. When they attempted to stage a peaceful protest, they were only further marginalised, and their weak economic, social and political position further cemented. It’s a vicious cycle.
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[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Stay up to date on free speech” font_container=”tag:p|font_size:28|text_align:left” use_theme_fonts=”yes”][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_column_text]Index on Censorship is a nonprofit that defends people’s freedom to express themselves without fear of harm or persecution. We fight censorship around the world.
To find out more about Index on Censorship and our work protecting free expression, join our mailing list to receive our weekly newsletter, monthly events email and periodic updates about our projects and campaigns. See a sample of what you can expect here.
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You will receive an email asking you to confirm your subscription to the weekly newsletter, monthly events roundup and periodic updates about our projects and campaigns.[/vc_column_text][/vc_column][vc_column width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column][/vc_row][vc_row][vc_column][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Another major area where discrimination has a knock-on effect on freedom of expression, is with regards to LGBT (lesbian, gay, bisexual, transgender) people across the globe. They are discriminated against for traditional, especially religious, reasons, with countries like Malaysia and Jamaica claiming that homosexuality is simply “not in our culture” when clamping down on LGBT civil rights. The right to express one’s sexuality is an aspect of the right to freedom of expression both in itself (as an expression of identity) but also because in countries where LGBT rights are not respected, the cultural expression of such rights is often also a political act. Cultural events organised by the LGBT community, such as pride parades, find themselves banned from exercising their right to freedom of assembly and expression, which happened last October in Serbia and Moldova. LGBT-themed art is also often times censored. One example reported by Index took place in Uganda, where a play about a gay man was banned, and its British producer, David Cecil, jailed and later deported. Countries also adopt laws that ban or circumscribe the discussion of homosexualty. In Russia, the Duma recently voted in favor of a draft law to ban “homosexual propaganda”. The amendment, passed by an overwhelming majority, prohibits the “propaganda of homosexuality” (in a practical sense, the discussion of homosexually) to protect children. The bill would in effect seriously curtail the right to freedom of expression of LGBT people.
Full access to freedom of expression is difficult to achieve in the absence of universal education and literacy. Around the world, illiteracy and inadequate (or non-existent) education hits the poorest hardest – both because education is often private, and because in poor countries where it is provided by the state, the standard of education can be low. Women and girls in the developing world are the groups most affected by illiteracy. There are a number of factors contributing to this, including higher levels of poverty among women, with culture and tradition also playing a significant part. There are still a number of societies around the world where it simply is not accepted that girls should receive education at all, and certainly not higher education. While the gender gap in education has been decreasing over time, in 2009, there were still around 35 million girls out of primary education, compared to 31 million boys. Lack of education is still the single biggest contributing factor to high and persistent levels of illiteracy — making it the most basic barrier to freedom of expression. It stops people from effectively participating in society, as it hinders them from being able to read, write and share written information, and thus fully engage with a range of issues or debates. Women make up the majority (64 per cent) of the nearly 800 million illiterate people in the world today. UNHCHR resolution 2003/42 identified this as a contributing factor to constraints on women’s rights to freedom of expression.
As well as the impact of poverty, discrimination and religious and cultural factors, governments and local authorities often put in place more formal mechanisms which result in significant restrictions on access to freedom of expression for minority groups. This can come in the form of restrictions on minority languages, such as Kurdish in Turkey, or barriers to political participation, such as the Bosnian constitutional ban on Jews and Roma running for high office.
Refugees are one of the hardest hit groups of people in terms of facing significant and basic restrictions on freedom of expression. A report by the UN High Commissioner for Refugees on the political rights of refugees stated that they, “…like other aliens, are entitled to the same freedom of expression, association and assembly as citizens.” However, a 2005 report investigating the state of Italian immigration detention centres showed that those detained in Italy were given few opportunities for communication with the outside world. Similarly, allegations of arbitrary deprivation of liberty in Greek detention centres are to be examined by independent experts selected by the UN Human Rights Council later this year. These are only a few examples of fundamental barriers on refugees’ access to fully express themselves. This, of course, cannot be separated from the wider discrimination as outlined above. Refugees constitute a group which often face prejudice and racism. Research from Cardiff University has for instance shown that they do not have the platform to counter the overwhelmingly negative way in which they are portrayed in the UK media. Refugees have universal rights like all other people around the world — states must recognise this and must act to tackle discrimination in all forms.
The barriers to free expression discussed here show why exercising our right to free expression is not as simple as living in a democratic society that broadly respects rights. Barriers that block or inhibit access to freedom of expression exist all over the world, in various forms and to varying degrees. Through being denied a voice, these groups are being denied a fundamental right, are facing barriers to their active participation in society, and, in many cases, are facing additional limits on their ability and opportunity to play a part in improving their own lives. Tackling the barriers from poverty to discrimination to laws that limit access to freedom of expression is vital.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1538131110552-4a302ad6-3f7c-10″ taxonomies=”346, 571, 986″][/vc_column][/vc_row]
22 Feb 13 | Russia
January saw a dramatic escalation of internet filtering in Russia. The League for Internet Safety, an organisation backed by the Kremlin, launched an experiment in the Kostroma region in central Russia in which 29 local internet service providers signed new contracts with users, giving them access only to a sanitised internet – in other words, websites included on a “white list”. Those wishing to surf beyond the confines of the white list are required to notify their provider explicitly.
At the start of the experiment the white list included about 500,000 sites; by the end of the experiment, scheduled for April, it is expected to include up to 1 million.
The Ministry of Communications and Mass Media has stated that it does not support the experiment and considers it unnecessary in the light of existing legislation, in which Roskomnadzor, the Federal Agency for Supervision of Telecomms, Information Technologies and Mass Communications, plays a central role.
Communications minister Nikolai Nikiforov declared: “There is only one legitimate procedure for filtering of harmful content — the one operated by our subordinate agency Roskomnadzor. If operators impose restrictions, which are not covered by the law, they violate the rights of subscribers. Moreover, our country constitutes a single indivisible information space, and a specific region can not construct its citizens’ access to information under a different set of rules.”
But the League seems to have been unaffected by this comment. Its initiative was proudly presented at the Safe Internet Forum in Moscow on 8 February, attended by Russian MPs and high-placed officials, and mentioned by a Russian representative at the Organisation for Security and Co-operation in Europe conference Internet 2013 — Shaping policies to advance media freedom held in Vienna on 14 and 15 February.
Extremism
On 22 January the central district court of Volgograd accepted a demand from the Volgograd regional prosecutor’s office to recognise as extremist two websites that published books by the Turkish theologian Said Nursi listed on the Federal List of Extremist Materials. Once the court’s decision comes into force, the websites will also be added to the list.
It was reported on 23 January that the Ordzhonikidze district prosecutor’s office of Yekaterinburg had found a publicly accessible website featuring the lyrics of the song “Every Day, Under the Sign of Death” by the Norwegian black metal band Zyklon B and the anti-Semitic tract Poisonous Fish: Zionists and Freemasons in Japan by A Klimov, recognised by courts as extremist. The site also included several other extremist items. The prosecutor’s office filed 15 writs against the ISP AKADO-Yekaterinburg, demanding that access to this website be limited. The proceedings came to an end because of the ISP’s voluntary compliance with the prosecutor’s demands.
The Arkhangelsk regional prosecutor’s office reported on 24 January that its audit of ISPs to check compliance with anti-extremist legislation had found a publicly accessible electronic translation of the Jehovah’s Witnesses’ tract What Does the Bible Really Teach?, declared extremist by the Rostov regional court. The prosecutor filed a writ against the regional branch of the ISP VimpelCom, demanding that access to this material be blocked. The ISP voluntarily complied with the request, and the case was dropped.
On 29 January it was reported that the Dolzhansky district prosecutor’s office in the Orel region had found that the regional branch of the ISP Rostelecom was providing access to a website listed on the Federal List of Extremist Materials, and to another that contained instructions on making explosives and drugs. The prosecutor’s office filed a writ demanding that access to the identified sites be restricted. Despite the ISP’s argument that the website’s owner should be responsible for monitoring content, the district court granted the prosecutor’s request.
Gambling and online casinos
It was reported on 18 January that the Voronezh city prosecutor’s office had identified a website that could be used for online gambling. It filed writs against several ISPs, including MegaFon, Tele2, MTS and Kodotel, demanding that they limit access. The court ordered the ISPs to comply.
The Omsk regional prosecutor’s office announced on 22 January that after an audit of ISPs’ compliance with the gambling ban, the central district prosecutor’s office in Omsk had sent several demands to ISPs that access to gambling sites be restricted.
On 22 January it was announced that the Chernovsky district prosecutor’s office in Chita had identified more than a dozen publicly accessible websites that provided online casino services. The prosecutor filed a writ with the district court demanding that the local ISP limit access to the identified websites. The ISP voluntarily blocked the sites.
The prosecutor’s office in Ivanovo reported on 24 January that the Teykovo interdistrict prosecutor’s office had filed five writs against the ISP Gorizont for providing access to gambling websites. The prosecutor’s office demanded that access to these sites be blocked.
On 1 February the Tula regional prosecutor’s office announced that the prosecutor’s office of the Sovetsky district had reviewed implementation of legislation on gambling. Four writs were filed against the ISP Altair Tula demanding restrictions of access to online casinos, which were accepted by the Sovetsky district court.
On 1 February the Pskov regional prosecutor’s office announced that it had decided that the regional branch of the ISP Rostelecom was responsible for blocking access to gambling sites.
Schools, students, and a beauty salon
The Tambov regional prosecutor’s office announced on 9 January that the Oktiabrsky district prosecutor’s office had found a computer located in a beauty salon that allowed access to websites containing extremist material. The salon’s ISP, Lanta, has been instructed to cease the violations and bring disciplinary charges against those responsible.
On 14 January it was announced that the Komi Republic had launched a content filtering system for computers that provide students with access to the internet. The system covers 285 educational institutions of the republic and 150 computers used for home-schooling of children with disabilities. The goal is to prevent schoolchildren from accessing online information that “is incompatible with the objectives of education and training”. Lists of acceptable and unacceptable sites will be maintained jointly by the republic’s government and staff of educational institutions. The content filtering system is to be extended to cover all the Komi Republic schools.
It was reported on 15 January that bailiffs had ordered the management of four schools in the Kurumkansky district of Buryatia (in Kurumkan, Baragkhan and Sakhuli) to comply with court decisions on limiting students’ access to banned sites. Content filters have been installed.
On 18 January it was reported that the ministry of education and science of the Volgograd region had signed an agreement with the local branch of Rostelecom for the ISP provider to assume responsibility for filtering students’ access to websites containing dangerous material. Rostelecom provides internet access for 85 per cent of the region’s schools.
The Moscow regional prosecutor’s office announced on 18 January that the Yegoryevsk town prosecutor’s office had conducted an audit of compliance with legislation by local schools. The audit had established that in three schools in the district installed filters did not provide sufficient protection from extremist material. The prosecutor’s office has demanded that the head of the local administration ends the violations and brings disciplinary charges against those responsible.
On 21 January it was announced that the department of information technology of the Moscow city government will provide all city schools with wireless internet access by the end of February. The company that won the contract for implementation of this programme, MGTS, must also provide content filtering in order to protect students from extremist, pornographic and other harmful material.
Drugs
It was announced on 8 January that the Pervomaisky district court of Kirov had accepted the demand of the Leninsky district prosecutor’s office that the regional branch of the ISP Rostelecom block access to a website that contained information about cultivation of hemp and producing a psychoactive substance from it.
On 10 January it was announced that the Simonovsky interdistrict prosecutor’s office in Moscow had identified several websites that contained information on illegal drug distribution. The prosecutor’s office filed three writs against the ISP AMT Group Telecom, demanding that access to these websites be restricted by adding an IP-address filter on its router. The Khamovniki district court dismissed them on the grounds that restricting access to the sites would also deprive users of access to other sites. The prosecutor’s office appealed the decision. The Moscow city court subsequently reversed the district court’s judgment and ordered the provider to restrict access to the sites.
On 14 January the Kirov regional prosecutor’s office reported that a court had granted a request by the Oktyabrsky district prosecutor’s office to order the ISP Rostelecom to limit access to a website containing information about drugs and psychotropic substances. The court’s decision has not yet come into force.
On 16 January it was reported that the Berezovsky district prosecutor’s office in the Khanty-Mansiysk autonomous area (also known as Yugra) had found several publicly accessible sites that promoted illegal drugs or contained extremist or pornographic material. The prosecutor’s office filed a writ against the ISP Rostelecom demanding that access to these websites be blocked.
It was reported on 22 January that the Nizhny Novgorod regional prosecutor’s office had identified several websites that promote distribution of illegal substances. The prosecutors of Nizhegorodsky and Sovetsky districts of Nizhny Novgorod and the city prosecutor’s offices of Arzamas and Vyksun filed writs against multiple service providers, demanding that the identified websites be blocked.
And the rest…
On 3 January Roskomnadzor added the blog kazantripreport, hosted on the portal lj.rossia.org, to its register of banned sites. The creator of lj.rossia.org had agreed to remove the page on 2 January, having discussed doing so since 28 December. The notification from Roskomnadzor arrived a week after the page had been removed. The management of lj.rossia.org accused the user kazantripreport of spamming and using the resource for commercial purposes. In addition, the blog had published reviews of an illegal substance, as well as Russian translations of Philip Greave’s book The Pedophile’s Guide to Love and Pleasure: a Child-lover’s Code of Conduct.
On 6 January Roskomnadzor notified the online encyclopedia lurkmore.to that the address for one of its articles had been included on the register of banned sites. The article discussed various ways to commit suicide in a satirical manner. The management of lurkmore.to has since removed the article and intends to appeal the ban in court. Roskomnadzor had taken similar measures against the online encyclopedia on previous occasions.
On 10 January Roskomnadzor notified Ilya Dronov, the manager of SUP Media’s LiveJournal Russia project, that the blog of Rustem Agadamov had been added to the register of banned sites. Propaganda for suicide was cited as the reason for the ban. The post in question was a photo report, dated March 2012. It depicted an attempted self-immolation of a Tibetan independence activist in protest against the visit of the president of China. Access to the page has been restricted. The administration of LiveJournal Russia intends to appeal Roskomnadzor’s decision.
13 Feb 13 | Index Index
YouTube filed lawsuit against the Russian government on 11 February, to contest its latest cybercrime law to censor websites deemed harmful to children. The case was filed after Russian regulators decided to block a joke YouTube video entitled ”Video lesson on how to cut your veins =D,” which showed viewers how to fake slitting their wrists. Rospotrebnadzor, the federal service for consumer rights, said the video glorified suicide and was therefore illegal under the law enacted in November, which has been criticised for being vague and overtly broad. YouTube owners Google proceeded to restrict access to the video in Russia before the lawsuit was filed. In the first legal challenge made against the law, YouTube objected to the ruling in a statement released on 12 February, saying that the law should not extend to limiting access on videos uploaded for entertainment purposes.
An Indian soldier stands alert in Srinagar, Kashmir during a curfew to curb protest over the hanging of Afzal Guru
A politician in Azerbaijan has offered a cash reward to any person who finds and cuts of the ear of an author who wrote a book about the conciliation of Azeris and Armenians, it was reported on 12 February. Akram Aylisli’s book Stone Dreams has stirred up controversy for referencing Azerbaijan’s violence against Armenians during riots preceding the collapse of the Soviet Union. The party of Hafiz Haciyev, the head of a pro-government political group in Azerbaijan have offered 10,000 manat (£8,000) for the ear of the writer, as part of a sustained hate campaign against Haciyev. He has been expelled from the Union of Writers, had his presidential pension revoked and his wife and son have lost their jobs. Protestors around the country have burned books and effigies of Haciyev. As Azerbaijan’s President, Ilham Aliyev approaches re-election later this year, the sustained negativity projected onto Haciyev is said to be a facade to hide the government’s internal issues amidst growing unrest.
Following protests in Kashmir over the execution of a man convicted of terrorism on 9 February, Kashmir’s internet and news outlets have been suppressed, and the entire Kashmir valley subjected to a strict curfew. Television channels and mobile internet were suspended immediately after Afzal Guru was hanged on 9 February. Local newspapers were forced to cease reporting the following day without warning — and have yet to be published since. Only the government, using state run service provider Bharat Sanchar Nigam Limited, has access to the internet. Some residential districts of Srinagar reported to receive some TV news channels on 10 February, but privately-owned channels had to suspend news services at the request of the government. Afzal Guru’s execution in a New Delhi prison on 9 February prompted protests in three areas of India administered Kashmir, surrounding claims the men accused were given an unfair trial. Guru was sentenced to death for helping to plot a 2001 attack on the Indian parliament that left 14 people dead.
In Somalia, a journalist has been detained without charge for defending press freedom, after a woman who claimed she was raped and the journalist who interviewed her were imprisoned. Daud Abdi Daud remains in custody since 5 February, after he spoke out in a Mogadishu court against the one year jail sentence given to Abdiaziz Abdinuur and the alleged rape victim on 5 February. Daud Abdi said journalists should be able to interview who they wish, saying he would make attempts to interview the president’s wife, causing the police to arrest him. Daud Abdi was later transferred from police custody into Mogadishu Central Prison. On 6 February, the attorney general ordered his continued detention at the Police’s Central Investigation Department.
Carmarthenshire County Council’s decision to pursue a libel case using public funding has been criticised. The council’s chief executive Mark James appeared in London’s Royal Courts of Justice today (13 February) where he and blogger Jacqui Thompson are suing each other for defamation following a series of comments posted online. James’s costs were indemnified by the council after a controversial decision in 2008, allowing public money to be used to fund libel lawsuits. Carmarthenshire County Council is believed to be the only authority to allow this in the UK, and the Welsh Assembly has questioned its legality, after an order they made in 2006 forbade local authorities from offering indemnities in libel cases. Carmarthenshire County Council said they had relied upon section 111 of the Local Government Act 1972, rather than the 2006 law. The case likely to cost a six or seven figure sum, according to reports.
13 Feb 13 | Uncategorized
YouTube filed lawsuit against the Russian government on 11 February, to contest its latest cybercrime law to censor websites deemed harmful to children. The case was filed after Russian regulators decided to block a joke YouTube video entitled “Video lesson on how to cut your veins =D,” which showed viewers how to fake slitting their wrists. Rospotrebnadzor, the federal service for consumer rights, said the video glorified suicide and was therefore illegal under the law enacted in November, which has been criticised for being vague and overtly broad. YouTube owners Google proceeded to restrict access to the video in Russia before the lawsuit was filed. In the first legal challenge made against the law, YouTube objected to the ruling in a statement released on 12 February, saying that the law should not extend to limiting access on videos uploaded for entertainment purposes.
An Indian soldier stands alert in Srinagar, Kashmir during a curfew to curb protest over the hanging of Afzal Guru
A politician in Azerbaijan has offered a cash reward to any person who finds and cuts of the ear of an author who wrote a book about the conciliation of Azeris and Armenians, it was reported on 12 February. Akram Aylisli’s book Stone Dreams has stirred up controversy for referencing Azerbaijan’s violence against Armenians during riots preceding the collapse of the Soviet Union. The party of Hafiz Haciyev, the head of a pro-government political group in Azerbaijan have offered 10,000 manat (£8,000) for the ear of the writer, as part of a sustained hate campaign against Haciyev. He has been expelled from the Union of Writers, had his presidential pension revoked and his wife and son have lost their jobs. Protestors around the country have burned books and effigies of Haciyev. As Azerbaijan’s President, Ilham Aliyev approaches re-election later this year, the sustained negativity projected onto Haciyev is said to be a facade to hide the government’s internal issues amidst growing unrest.
Following protests in Kashmir over the execution of a man convicted of terrorism on 9 February, Kashmir’s internet and news outlets have been suppressed, and the entire Kashmir valley subjected to a strict curfew. Television channels and mobile internet were suspended immediately after Afzal Guru was hanged on 9 February. Local newspapers were forced to cease reporting the following day without warning — and have yet to be published since. Only the government, using state run service provider Bharat Sanchar Nigam Limited, has access to the internet. Some residential districts of Srinagar reported to receive some TV news channels on 10 February, but privately-owned channels had to suspend news services at the request of the government. Afzal Guru’s execution in a New Delhi prison on 9 February prompted protests in three areas of India administered Kashmir, surrounding claims the men accused were given an unfair trial. Guru was sentenced to death for helping to plot a 2001 attack on the Indian parliament that left 14 people dead.
In Somalia, a journalist has been detained without charge for defending press freedom, after a woman who claimed she was raped and the journalist who interviewed her were imprisoned. Daud Abdi Daud remains in custody since 5 February, after he spoke out in a Mogadishu court against the one year jail sentence given to Abdiaziz Abdinuur and the alleged rape victim on 5 February. Daud Abdi said journalists should be able to interview who they wish, saying he would make attempts to interview the president’s wife, causing the police to arrest him. Daud Abdi was later transferred from police custody into Mogadishu Central Prison. On 6 February, the attorney general ordered his continued detention at the Police’s Central Investigation Department.
Carmarthenshire County Council’s decision to pursue a libel case using public funding has been criticised. The council’s chief executive Mark James appeared in London’s Royal Courts of Justice today (13 February) where he and blogger Jacqui Thompson are suing each other for defamation following a series of comments posted online. James’s costs were indemnified by the council after a controversial decision in 2008, allowing public money to be used to fund libel lawsuits. Carmarthenshire County Council is believed to be the only authority to allow this in the UK, and the Welsh Assembly has questioned its legality, after an order they made in 2006 forbade local authorities from offering indemnities in libel cases. Carmarthenshire County Council said they had relied upon section 111 of the Local Government Act 1972, rather than the 2006 law. The case likely to cost a six or seven figure sum, according to reports.
