The International Forum for Responsible Media Blog

Month: June 2010 (Page 5 of 5)

Opinion: “Think again: the recent campaign for libel reform is not based on careful consideration” William Bennett

This article was first published in Solicitors Journal on 18 May 2010 and is reproduced by kind permission.

The “Sunday Times” has condemned English defamation law as “draconian”. There is not a single newspaper which disagrees with this damning verdict. A number of NGOs, most notably English PEN and the Index on Censorship, have made similar pronouncements. Jonathan Heawood, director of English PEN, stated:

“Our libel laws allow people accused of funding terrorism or dumping toxic waste in Africa to silence their critics while ‘super injunctions’ stop the public from even knowing that such allegations exist.” Continue reading

Inforrm Blog – New Feature: Tables of Cases

We have added a new feature to the Blog – two Tables of Cases on a separate page (on the bar across the top).   The first Table lists the important media cases of 2010, briefly describing the subject matter and giving links to the judgments and to the various Inforrm posts relating to each judgment.   We have also included a column dealing with the question of whether the case finally concluded in favour of the claimant or the defendant.   It is interesting to note that in relation to the eight judgments which finally concluded libel cases this year, the defendants were successful in six. Continue reading

Fiddes – jury trial refusal to be appealed

We reported on Monday on the decision of Mr Justice Tugendhat (pictured right) to order trial by judge alone in the case of Fiddes v Channel Four – two weeks and three days before the trial was due to start.   The story has been picked up on the Media Pal@LSE blog and by the Press Association’s “Media Lawyer” subscription service.  We now understand that the claimant has today lodged an urgent appeal which is likely to be heard by the Court of Appeal, on Tuesday or Wednesday next week.  The claimant has, of course, already made one unsuccessful appeal to the Court of Appeal (on a specific disclosure issue [2010] EWCA Civ 516). Continue reading

Opinion: “Counting the Cost of Libel Reform” – Zoe Margolis

Libel reform is overdue, but my case showed me limiting the percentage of costs lawyers receive would be a step backward

On 7 March 2010, I wrote a comment piece for the Independent on Sunday. Coinciding with the publication of my second book, Girl With a One Track Mind: Exposed, my article argued that sexism and stigma are still prevalent in how female sexuality is portrayed in the media, and that these old-fashioned stereotypes need to be challenged. Continue reading

Lord Lester and the Libel Reform Campaign: we need mature debate

The publication of Lord Lester’s Defamation Bill is intended to contribute to the “Libel Reform Debate”.   At Inforrm we take the view that this is a proper debate to be had, with important points to be made on both sides.  However, as we have said on a number of previous occasions (for example, here), the debate is not advanced by attacking those with opposing views as being naive or self interested.  Readers of this blog and of the press coverage of libel reform issues will know the positions only too well.   The “libel reformers” get the large majority of positive press coverage.  From that side, the most common caricature is of anyone who opposes the libel reform agenda as being a greedy, self-interested, claimant lawyer, intent on preserving massive libel fees.  On the other side, proponents of libel reform are sometimes described as naive tools of media self-interest who have failed to understand the careful balancing required in a viable libel law. Continue reading

Opinion: “Free speech may be the lifeblood of democracy, but are only the press entitled to it?” Paul Tweed

I would refute Lord Lester’s recent assertion that English libel law is “notoriously costly, complicated and stifling of free speech”.

Watching the intense media frenzy on both sides of the Atlantic over so-called ‘libel tourism’ and reform of our libel laws, it is easy to forget the interests of the ordinary man in the street. It is not so much the international litigant who is likely to be affected by the draconian reforms being advocated in the press, but rather the rights of the individual UK citizen. Continue reading

Opinion: “Private Lives – Part 2” Amber Melville-Brown

In the second part of this post Amber Melville-Brown concludes her round up of the current privacy state of play across the continent with particular reference to Max Mosley’s forthcoming Strasbourg case.

Pints of milk

There are clear differences in approach towards privacy in different European countries. The UK courts have not yet gone so far as Von Hannover in finding that images taken in public, short of some additional relevant factor, constitute an invasion of privacy. While in the case of Peck, images of a man clearly in distress, in the run up to his attempted suicide, captured on CCTV and broadcast to the nation, did invade his privacy, those of musician Elton John simply walking, casually dressed, from his Rolls Royce to his front gate, did not. Continue reading

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