Mosley ECHR Case – the Media Submissions

9 04 2010

We mentioned some time ago that on 1 February 2010 the President of the Court gave various media organisations permission under Rule 44(2) to intervene in Max Mosley’s application  to the European Court of Human Rights in which he seeks to contend that the United Kingdom has a positive obligation under Article 8 to require the media to give prior notice of publications which may infringe privacy rights.  The submissions were lodged last week and were the subject of various newspaper reports (see our post on Law and Media – News and Events 4 April 2010).  We have now been provided with copies of these submission which are directed to the principles involved as identified in the “questions to the parties”, found in the Statement of Facts and Issues.

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Defamation Law Issues: Publication and Hyperlinking, Crookes v Newton [updated]

9 04 2010

The nature of the liability (if any) faced by those who “hyperlink” to defamatory material on another website has been considered by common law courts on a number of occasions but has not yet been the subject of a definitive ruling.   Should a person who draws attention to a defamatory material and provides a link be liable for the defamatory content to which attention is drawn and access provided?  Or should should liability only arise when the “hyperlinker” is given notice of the defamatory nature of the material to which a link is provided?  These questions may soon become much clearer as result of a case now pending before the Supreme Court of Canada. Read the rest of this entry »