The EU Parliament’s Committee on Legal Affairs has recently been considering the cross-jurisdictional dilemmas posed by actions for defamation and privacy. It is working towards what is known as Rome II, which will be a series of rules regarding which court and which law will apply in disputes which involve more than one jurisdiction. Continue reading
The International Forum for Responsible Media Blog
Month: February 2010 (Page 4 of 4)
On 2 February 2010 the Supreme Court have granted permission to appeal in the “fair comment” case of Joseph v Spiller ([2009] EWCA Civ 1075). The Notice of Appeal raises general issues about the law of fair comment and the applicant’s Written Submissions criticise the approach of the Court of Appeal as creating “a further level of technicality which is not only unnecessary but also significantly inhibits the defence”. Continue reading
Index on Censorship and English Pen produced a widely publicised report “Free Speech is not for Sale”. A copy can be downloaded here. This report concludes that “English libel law has a negative impact on freedom of expression, both in the UK and around the world”. The report makes 10 recommendations as follows: Continue reading
In a thoughtful speech entitled “Freedom of Expression and the Role of a Supreme Court” Dame Mary Arden considered a number of freedom of expression cases which had come before Supreme Courts around the world. She posed the question as to whether Supreme courts should lead the development of the law in this area or leave sensitive matters to democratically elected politicians. Continue reading
Former Law Lord Lord Hoffmann has delivered a strong defence of the current state of English libel law insofar as it relates to “foreigners” in his Dame Ann Ebsworth Memorial Lecture at Inner Temple Hall. His lecture can be found here.
Lord Hoffmann argued that English libel law does not unduly encourage libel tourism and that the well-publicised complaints in this regard stem from an American tendency “to believe that their way is the only way” and the self-interest of the British press. Continue reading
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