sesquipedality: (Default)
sesquipedality ([personal profile] sesquipedality) wrote2010-03-23 09:10 pm

An aside on the Digital Economy Bill

Just so you know, it doesn't introduce the idea of "guilty until proven innocent" into British law. Knife crime law contains a very similar concept. If you're found with a knife, the burden of proof is on you to demonstrate you have a legitimate purpose in carrying it. There are probably other examples of reverse burden of proof, but that's the one I know of.

[identity profile] hoiho.livejournal.com 2010-03-23 09:24 pm (UTC)(link)
It's called "strict liability", and, yes, it's been around for a long time. However, the problem with the Digital Economy Bill is that it weights things to make it very difficult to prove legitimate purpose.

[identity profile] http://users.livejournal.com/_nicolai_/ 2010-03-23 09:54 pm (UTC)(link)
The most relevant other example for this would be the libel law of England and Wales, another disaster zone for justice for individuals.

[identity profile] hoiho.livejournal.com 2010-03-23 10:15 pm (UTC)(link)
However, that's a rather different thing; it's a civil wrong and common law, rather than criminal and statutory - like all other "strict liability" offences.

[identity profile] undyingking.livejournal.com 2010-03-24 09:14 am (UTC)(link)
I believe it also applies to things like selling alcohol to (and having sex with) underage people.
ext_8559: Cartoon me  (Default)

[identity profile] the-magician.livejournal.com 2010-03-24 06:58 pm (UTC)(link)
"Going equipped" would sound like another one.

Carrying a gun (you have to prove you were on your way from home to the gun club, gunsmith or competition)

I'm a magician, and I occasionally carry lockpicks ... I'd imagine the burden of proof would be on me to show that I had a legitimate reason to carry them.