Privacy and Chocolate Fish

22 05 2010

The New Zealand Law Commission is consulting on proposals for a new Privacy Act.   This is part of a “Review of Privacy Project”  which began in October 2006 and has, so far, generated three “issues papers”, one “study paper” and two reports – the most recent of which was the subject of a post on this blog in February.    The papers which it has produced are thorough, well informed and thought provoking, drawing on case law and academic writings from across the world. Read the rest of this entry »





Opinion: “Front Page Fiction, Dee v Telegraph”, Jonathan Coad

20 05 2010

In a judgment handed down on 28 April 2010 (([2010] EWHC 924 (QB)) Mrs Justice Sharp granted The Telegraph summary judgment against Robert Dee, the professional tennis player accused by the paper of being the “world’s worst tennis pro”.  The judgment was discussed in an earlier posting on this blog. Read the rest of this entry »





Opinion: “Mail On Sunday and the World Cup Bid” Mark Thomson

19 05 2010

While the Chelsea Team and fans were celebrating on Saturday afternoon and evening their achievement of winning the Premiership and FA Cup double, the FA were seeking an injunction over the threatened publication of secretly taped private conversations between its Chairman Lord Triesman and an intimate confidante Melissa Jacobs.  Read the rest of this entry »





Case Law: Hays plc v Hartley, Libel claim struck out as an abuse

17 05 2010

For the second time in less than a week a defendant has succeeded in striking out a libel claim on the basis that “no substantial tort” was committed.  On 13 May 2010 Mr Justice Eady struck out the libel claim in Kaschke v Osler ([2010] EWHC 1075, see our post here).  Read the rest of this entry »





A Human Right to Internet Access?

16 05 2010

The 17 May is “World Telecommunication and Information Society Day” the aim of which is to help raise awareness of the possibilities that the use of the Internet can bring to societies and economies.   This leads us to reflect on the question of “internet access” as a basic human right.  This is, unsurprisingly, not a right which appears in any “human rights convention” or constitution.  But, it is not just something contemplated by eccentric bloggers.  Such a right received legal recognition by the French “Conseil Constitutionel” last year in Decision n° 2009-580 of June 10th 2009. Read the rest of this entry »





Law and Media Roundup, 15 May 2010

15 05 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 are interested in publicising.

News

The aftermath of the General Election continues to dominate the news and many blogs this week.   Roy Greenslade’s blog has a survey entitled “Coalition Day Three: What the Papers Say“.  Charlie Beckett has an interesting post on the Coalition’s approach to political communication: “Goodbye to Spin and Split?”

Read the rest of this entry »





Case Law: Political Blog Libel Action Struck Out As Abuse

15 05 2010

On Thursday 12 May 2010, Mr Justice Eady struck out the libel action brought by Tower Hamlets-based Conservative Johanna Kaschke which she had begun on 28 April 2008 in respect of a blog posting by local labour party member David Osler on 7 April 2007 – in other words, three weeks after the limitation period expired for the initial publication.  The Blog was entitled “Respect Member’s Baader-Meinhof ‘link’ ”. There is a report of the judgment. Read the rest of this entry »





Revisited: “Harassment and the Media”: Part 2 Media Claims in Practice

14 05 2010

In this feature we revisit some older posts which may still be of current interest.  This was first posted on 16 March 2010 and is the second part of a post in which Mark Thomson and Nicola McCann discuss the law and practice of harassment as applied to the media.

In Thomas News Group Newspapers Ltd [2001] EWCA Civ 1233) the Sun had published an article which reported on alleged racist misconduct by the police and that a civilian clerk had made a complaint over the same. This was followed by another article which included a number of readers’ comments and then a final article which complained about the punishments imposed on the police officers after “a civilian black clerk had complained about a series of exchanges at Bishopsgate last July.” Read the rest of this entry »





Celebrity, reporting court hearings and a musical prodigy

14 05 2010

On 31 March 2010, the Court of Appeal decided that the media should be granted access to a hearing in the Court of Protection which involved a 30 year old known then only as “A”, who has severe learning difficulties associated with Autism Spectrum Disorder and who is blind but is also a  musical prodigy. That case, A v Independent News & Media Limited & Ors ([2010] EWCA 343) was important for another reason, providing the first recognition in English law of a right under Article 10(1) of the European Convention of Human Rights to access to information – in that case, information concerning a court hearing.   Dan Tench discussed the case in a posting on 6 April 2010. Read the rest of this entry »





Inforrm Joins Guardian Legal Network

13 05 2010

Inforrm has today joined the new “Guardian Legal Network”  – logo for which now appears in the top right hand corner of the blog.   This is a new section of the Guardian’s website, designed to pioneer a new, interactive approach to law coverage (along similar lines to the extremely useful Guardian Environment Network).   The site began operating today and can be accessed by clicking on the logo.  The network is introduced by a post from Afua Hirsch on her Law Blog. Read the rest of this entry »