In contrast to the frequent discussion of the European Court of Human Rights jurisprudence establishing that individual reputation falls within the scope of the Article 8 right to ‘private and family life’, the possibility that corporations could claim a Convention right to reputation – under either Art 8 or Article 1 of Protocol 1 (‘A1P1’), the right to property – has not attracted a great deal of attention from commentators. Read the rest of this entry »
Do Companies have a right to reputation under the European Convention on Human Rights, Part 1 – David Acheson
19 06 2018Comments : Leave a Comment »
Tags: Article 8, David Acheson, Reputation
Categories : Human Rights, Libel
Law and Media Round Up – 18 June 2018
18 06 2018
There were two interesting statements in open court in media law cases this week. First, on 12 June 2018 there was a statement [pdf] in the case of Wass QC v Associated Newspapers before Nicklin J. The Mail on Sunday apologised for publishing allegations that prosecuting counsel had “buried evidence” that police officers had been taking bribes. Read the rest of this entry »
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Tags: Weekly Round Up
Categories : Legal, Media
‘Upskirting’ and ‘revenge porn’: the need for a comprehensive law – Erika Rackley and Clare McGlynn
17 06 2018
After months of campaigning and meetings, it appears that moves to criminalise “upskirting” – the act of taking secret, sexually intrusive photographs – have stalled. For now. This is disappointing. However, all may not be lost. It is now time for the government to step up – and to eliminate inconsistencies in the treatment of victims of image-based sexual abuse. Read the rest of this entry »
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Tags: Clare McGlynn, Erika Rackley, The Conversation, Upskirting
Categories : Government and Policy, Legal, Privacy
France: The legal fight against ‘fake news’ must not veer into censorship – Matthew Fraser
16 06 2018
France’s parliament is debating a law that would give the state the power to censor “fake news”. If the law is passed, the French state will have the powers to ban, through a court order, the publication of any news considered false in run-up period before elections. Read the rest of this entry »
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Tags: Donald Trump, Fake News, Matthew Fraser, The Conversation
Categories : France, Journalism
The law on revelation of jury deliberations after the Thorpe trial – Alex Bailin QC
15 06 2018I
n the wake of the BBC drama on the Jeremy Thorpe trial, Geoffrey Robertson QC wrote an illuminating piece about the contempt proceedings brought against the New Statesman for its interview with a Thorpe trial juror, who had explained that the jury felt obliged to acquit once the performance-related payment agreement with Bessell and The Sunday Telegraph had been revealed to them. Read the rest of this entry »
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Tags: Alex Bailin QC, Contempt of Court Act, Jury Secrecy, Thorpe
Categories : Legal, Open Justice
Case Law, Strasbourg: Stomakhin v Russia, No overbroad suppression of extremist opinions and ‘hate speech’ – Dirk Voorhoof
14 06 2018
In its recent judgment in Stomakhin v. Russia, the European Court of Human Rights (ECtHR) launched the message to all domestic authorities to adopt a “cautious approach” in determining the scope of “hate speech” crimes and to avoid “excessive interference” with the right to freedom of expression, especially when action is taken against ‘hate speech’ or extremist opinions that are mere criticism of the government, state institutions and their policies and practices. Read the rest of this entry »
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Tags: Dirk Voorhoof, Hate Speech, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Undoing revenge … with Google’s help: Blocking revenge sites on Google – Himsworth Legal
13 06 2018
It is an unfortunate development in our digital society that there is now a tendency to publicly shame and humiliate. Nowhere is this more prevalent than in the breakdown of relationships. It would seem that, to some, revenge is a dish best served online. Read the rest of this entry »
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Tags: Himsworth Legal, revenge porn
Categories : Internet, Legal, Privacy
