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J Rowbottom, 'Leveson, press freedom and the watchdogs' (2013) 21 Renewal 57
J Rowbottom, 'An Ocean Apart: Money, Free Speech and Politics in Britain and the USA (in Spanish)' in Colección de Sentencias Extranjeras (Tribunal Electoral del Poder Judicial de la Federación 2012) (forthcoming)
J Rowbottom, 'Lies, Manipulation and Elections: Controlling False Campaign Statements' (2012) Oxford Journal of Legal Studies (forthcoming) [...]
Complaints about lies are nothing new to elections. Legislation attempts to prohibit certain types of false statement during campaigns. This article examines the rationales for specific controls on false campaign speech and argues that the primary harms are the manipulation of voters and the distortion of the electoral process. The article also considers the consistency of such laws with rights to freedom of expression. While knowingly false statements attract little protection under Article 10 of the ECHR, there are still free speech concerns about regulating election speech. In particular, there are dangers of chilling speech and the perception of politically motivated adjudications. The article will consider the regulatory alternatives to the current law. None of the options are attractive, especially given the difficult tension between the desire to curtail falsities and the inability of the law to do so – a tension that is strongly felt in the context of an election.
J Rowbottom, 'To Rant, Vent and Converse: Protecting Low Level Digital Speech
' (2012) 71 Cambridge Law Journal (forthcoming) [...]
Several recent cases have highlighted the range of legal controls that can be applied to expression on social networks and other amateur digital content. This article identifies three trends in the regulation of digital communications. First, such communications are subject to a wide range of laws, including those primarily regulating the mass media, public order and targeted communications. Second, the persistence and searchability of digital messages make such communications more likely to come to the attention of litigators and prosecutors. Thirdly, that the established approach to freedom of expression under Article 10 of the ECHR tends to protect speech that is deemed to be of “high value”, and therefore does little to protect much internet content. This article calls for some greater protection to be afforded to communications that are casual and amateur. The freedom to converse outlined in this article does not call for absolute protection, but seeks to ensure that any controls on expression are proportionate. In particular, alternatives to the criminal law are considered.
J Rowbottom, 'Cash for Amendments, Homes and Moats: Standards of Conduct in Westminster' in Joo-Cheong Tham, Brian Costar and Graeme Orr (eds), Electoral Regulation and Prospects for Australian Democracy (Melbourne University Press 2011)
J Rowbottom, 'Institutional Donations to Political Parties' in Keith Ewing, Jacob Rowbottom, Joo-Cheong Tham (eds), The Funding of Political Parties: Where Now? (Routledge 2011)
K. D. Ewing and J Rowbottom, 'Spending Controls: New Campaign Actors and New Regulatory Techniques' in Keith Ewing, Jacob Rowbottom, Joo-Cheong Tham (eds), The Funding of Political Parties: Where Now? (Routledge 2011)
J Rowbottom (ed), The Funding of Political Parties: Where Now? (Routledge 2011) [...]
This book explores the problems associated with regulating the funding of political parties and election campaigns in a timely assessment of a topic of great political controversy.
From interest in Obama's capacity to raise vast sums of money, to scandals that have rocked UK and Australian governments, party funding is a global issue, reflected in this text with case studies from Australia, Canada, New Zealand, United Kingdom, and the United States. Taking an interdisciplinary approach with leading scholars from politics, geography and law, this text addresses key themes: contributions, spending controls, the role of broadcasters and special interests, and the role of the state in funding political parties. With regulatory measures apparently unable to change the behaviour of parties, why have existing laws failed to satisfy the demands for reform, and what kind of laws are necessary to change the way political parties behave? The Funding of Political Parties: Where Now? brings fresh comparative material to inform this topical and intractable debate, and assesses the wider implications of continuing problems in political funding.
J Rowbottom, Democracy Distorted (Cambridge University Press 2010) [...]
High-profile controversies surrounding the funding of political parties have shown how inequalities in wealth can enter the political process. The growth of the professional lobbying of MPs and the executive raises similar questions about money in politics. More broadly, inequalities emerge in terms of the opportunities the public have to participate in political debate. This analysis of the ways wealth can be used to influence politics in Britain explores the threat posed to the principle of political equality. As well as examining lobbying and party funding, the discussion also focuses on the ownership and control of the media, the chance to be heard on the internet and the impact of the privatisation of public spaces on rights to assemble and protest. Looking at this range of political activities, the author proposes various strategies designed to protect the integrity of British democracy and stop inequalities in wealth becoming inequalities in politics.
J Rowbottom, 'Financing Political Parties in the United Kingdom' (2010) 6 Policy Quarterly (New Zealand)
J Rowbottom, 'Written evidence on the funding of political parties to the Committee on Standards in Public Life' (2010)
J Rowbottom, 'Extreme Speech and the Democratic Functions of the Mass Media' in Ivan Hare and James Weinstein (eds), Extreme Speech and Democracy (Oxford University Press 2009)
J Rowbottom, 'Political advertising and the broadcast media' (2008) 67 Cambridge Law Journal 450 [Case Note]
J Rowbottom, 'Review of K. Ewing, The Cost of Democracy'  Public Law 617 [Review]
J Rowbottom, 'Written evidence on media ownership (House of Lords Communications Committee, Jun 2008), The ownership of the news, HL Paper 122â€“I' (2008)
J Rowbottom, 'Libel and the Public Interest' (2007) 66 Cambridge Law Journal 8 [Case Note]
J Rowbottom, 'The Ban on Political Advertising and Article 10' (2007) 18 Entertainment Law Review 91 [Case Note]
J Rowbottom, 'Access to the Airwaves and Equality: The Case Against Political Advertising on the Broadcast Media' in Keith Ewing and Samuel Issacharoff (eds), Party Funding and Campaign Financing in International Perspective (Hart 2006)
J Rowbottom, 'Media Freedom and Political Debate in the Digital Era' (2006) Modern Law Review 489
J Rowbottom, 'Obscenity Laws and the Internet: Targeting the Supply and Demand'  Criminal Law Review 97
J Rowbottom, 'Written evidence on the funding of political parties\" (House of Commons Constitutional Affairs Committee, Party Funding, Aug 2006) HC 163-II, Ev.69-73.' (2006)
J Rowbottom, 'Campaign Finance Law in the UK' in T. Grant (ed), Lobbying, Government Relations, and Campaign Finance Worldwide (Oceana/OUP 2005)
J Rowbottom, 'Property and Participation: A Right of Access for Expressive Activities' (2005) European Human Rights Law Review
J Rowbottom, 'Review of Building the UK's New Supreme Court ' (2005) 64 Cambridge Law Journal 253 [Review]
J Rowbottom, 'Review of Parker, Scott, Lacey and Braithewaite, Regulating Law'  Public Law [Review]
J Rowbottom, 'The Electoral Commission's proposals on the funding of political parties'  Public Law 468
J Rowbottom, 'Article 10 and Election Broadcasts' (2003) 119 Law Quarterly Review 553 [Case Note]
J Rowbottom, 'Shielding Children: The European Way' (2003) 79 Chicago-Kent L. Rev. 175
J Rowbottom, 'Freedom of Speech in Election Broadcasts' (2002) 152 New Law Journal 679 [Case Note]
J Rowbottom, 'Homes for Votes, Bias and Political Purposes' (2002) 118 Law Quarterly Review 364 [Case Note]
J Rowbottom, 'Political Donations and the Democratic Process: Rationales for Reform'  Public Law 758