The International Forum for Responsible Media Blog

Month: March 2010 (Page 3 of 5)

Strasbourg on Privacy and Reputation Part 3: “A balance between reputation and expression?”

In the final part of this three part post Hugh Tomlinson QC looks at the balancing of reputation and expression in the case law of the European Court of Human Rights and the implications for domestic law.  Part One of the post is here and Part Two is here.

As discussed in the first two parts of this post the case law of the European Convention on Human Rights establishes that the State has a positive obligation to protect Article 8 rights in the relations between private individuals and that “reputation” is one of the rights protected by Article 8.  This means that when a person’s reputation is damaged by publications by private persons, including the media, the Courts must balance the Article 8 rights of the person whose reputation is in issue against the Article 10 rights of the publishers.

BALANCING IN STRASBOURG

Since the recognition of an Article 8 “right to reputation” the Court of Human Rights has, on number of occasions, had to deal with the balance between this right and the Article 10 rights of the media.

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Defamation Damages: USA and England Compared

The US publication, the National Law Journal has an interesting report on the “Top Verdicts” of 2009, setting out the total sums awarded by way of damages by US courts in 2009 for the top causes of action.  We note that, in 2009, total defamation damages of US$391 million were awarded by US Courts – a 63% increase on the 2008 figure of US$240 million.  The methodology of the “VerdictSearch” report referred to is not clear – but it appears to cover jury verdicts and settlement sums throughout the country.

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Revisited: “The PCC, Secretive Biased and Weak” – by Jonathan Coad

In this feature we revisit some older posts which continue to be of current interest.  This was first posted on 10 February 2010

The public has no faith in the Press Complaints Commission, a survey shows – and, shamefully, it operates in secret, says a media lawyer

The press has the power to affect government policy, force MPs to resign, glean intimate details of the lives of the famous via huge bribes to their employees to betray their confidence. It can undertake these activities safe in the knowledge that, because few have the means to challenge it legally, and there is no effective regulation, the press faces no sanction if it transgresses. As the Information Commissioner’s Office said recently, it had been “badly let down” by Parliament, the courts and the newspapers in its attempt to stop the “flourishing” trade in illegally obtained confidential personal information.

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Supreme Court on Reputation, Expression and Anonymity

In this post Lorna Skinner considers the decision of the Supreme Court in In Re Guardian News & Media in concerning the anonymisation of proceedings and the wider expression issues to which it gives rise.

In the case of Re Guardian News and Media ([2010] UKSC 1) the Supreme Court considered the vexed question of anonymity in court hearings.  Giving the unanimous judgment of a 7 judge bench, Lord Rodger began by quoting the “provocative” words of the applicants’ counsel: “your first term docket reads like alphabet soup” [1].  Lord Rodger pointed out that both the last case heard by the House of Lords (BA (Nigeria) v Secretary of State for the Home Department [2009] UKSC 7) and the first case heard by the Supreme Court (In re appeals by Governing Body of JFS [2009] UKSC 1) involved anonymous parties.

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Law and Media – Last Week’s News and Next Week’s Events 12 March 2010

In this  regular feature we draw attention to the last week’s law and media news and next week’s upcoming events. If readers have any news or events which they would like to draw attention to please add them by way of comments on this post.  We are particularly interested in forthcoming events which readers might like to attend.

News

On 7 March 2010 Max Clifford’s claim in relation to phone hacking by the News of the World settled for a reported sum of over £1 million (see our post here).  It appears that there may be other claims in the pipeline.  The Press Gazette tells us that Max Clifford thrashed out the deal with Rebecca Brooks.

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Revisited: “EU Committee considers cross-jurisdictional media claims”

In this feature we revisit some older posts which may still be of current interest.  This was first posted on 8 February 2010

The EU Parliament’s Committee on Legal Affairs has  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.  The particular dilemma concerning defamation and privacy actions arises from whether particular consideration ought to be given to the jurisdiction in which the editorial decision to publish was taken (as opposed to the jurisdiction, if different, in which the resulting damage took place).

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False Privacy and Defamation, Further Thoughts

In an earlier post we discussed the concept of  “false privacy”: disclosing private information which, although in fact untrue remains private.   We pointed out that the actionability of such publications is well established in French privacy law – going back to the case of Bardot v Ici Paris (TGI Paris, 1st Chamber, 28 March 1984) where the actress recovered damages in respect of a false story of a suicide attempt. Continue reading

Eady Lecture – Question and Answer Session on “You Tube”

The lecture given yesteday evening by Mr Justice Eady to mark the launch of the City University’s “Centre for Law, Justice and Journalism” – the subject of a post yesterday – was recorded on video, as was the question and answer session which followed.  A number of specific questions and Mr Justice Eady’s answers have today been made available on “You Tube”.  The sound and picture quality is variable but we thought that they would be of interest to our readers:

A question and answer on the bill of rights from the Guardian journalist and blogger Afua Hirsch

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