Case Law: R (Privacy International) v Investigatory Powers Tribunal, Parliament’s “ouster” of High Court judicial review powers is not binding – Omar Qureshi, Dan Tench and Cathryn Hopkins

23 05 2019

On 15 May 2019, the Supreme Court handed down its judgment in the case of R (on the application of Privacy International) v Investigatory Powers Tribunal ([2019] UKSC 22), deciding by a slim majority of 4:3 that an “ouster clause” in section 67(8) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) that purports to exclude from challenge or appeal any decision of the Investigatory Powers Tribunal (“IPT”), does not prevent a judicial review challenge based on an error of law. Read the rest of this entry »





The Impact of Grief Journalism on its Subjects – Nicole Moreham and Yvette Tinsley

22 05 2019

The depiction of grief and intense anxiety is commonplace in modern journalism. Little work has been done though to examine the impact of the collection and publication of grief-focused coverage on those who appear in it. Read the rest of this entry »





Reporting the Court of Protection: NB on Re NB – Barbara Rich

21 05 2019

At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife.  Read the rest of this entry »





Law and Media Round Up – 20 May 2019

20 05 2019

On Friday 17 May 2019, the Court of Appeal (Lewison, McCombe and Haddon-Cave LJJ) handed down a judgment ([2019] EWCA Civ 852) which comprehensively reversed the decision of the first instance judge, Mr Justice Jay, given after a 7 day libel trial. Read the rest of this entry »





News: Statement in Open Court: Damages against four newspapers awarded to “Police Notice” biker over false impersonation claims

19 05 2019

In a Statement in Open Court [pdf] read before Warby J on 16 May 2019 it was recorded that a motorcycle enthusiast had won libel claims against four national newspapers that had falsely claimed he attempted to deceive the public into believing he was a police officer. Read the rest of this entry »





Case Law, Strasbourg: Prior restraint of campaigning for a peaceful but unauthorised demonstration violated Article 10 – Ronan Ó Fathaigh and Dirk Voorhoof

18 05 2019

On 30 April 2019, in Kablis v. Russia, the Third Section of the European Court of Human Rights (“ECtHR”) unanimously found that the blocking by Russian authorities of an activist’s social networking account and entries on his blog had breached his right to freedom of expression under Article 10 of the European Convention on Human Rights. Read the rest of this entry »





The ‘Christchurch Call’ is just a start. Now we need to push for systemic change – Kevin Veale

17 05 2019

File 20190516 69186 15si7o9.jpg?ixlib=rb 1.1The “Christchurch Call” summit has made specific progress, with tech companies and world leaders signing an agreement to eliminate terrorist and violent extremist content online. The question now is how we collectively follow up on its promise. Read the rest of this entry »





Tackling misinformation and disinformation online – Ashley Hurst

16 05 2019

This post explains why I think the Government’s White Paper on Online Harms and its so-called “duty of care” is not the answer to online disinformation and why the way forward should be focussed on technology and education. Read the rest of this entry »





How do I access my loved one’s Apple account after their death? – Himsworth Scott

15 05 2019

What happens to our digital assets when we die is a question that has still not been finally answered. Here we provide information about developments and how you may be able to take action on social or digital media after a loved one dies.
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Case Law: Høiness v Norway, Refusal to impose liability for anonymous comments online did not breach Article 8 – Samuel Rowe

14 05 2019

In a judgment handed down on 19 March 2019 (Høiness v Norway, no 43624/14), the European Court of Human Rights (“ECtHR”) refused to impose liability on an Internet forum for anonymous comments that had been published on its site. Read the rest of this entry »