The substantive law of defamation in Northern Ireland is, in all relevant respects identical to that in England and Wales. The most important difference between the jurisdictions concerns funding. The law in Northern Ireland does not permit the use of conditional fee arrangements or the recovery of after the event insurance premiums. Continue reading
The International Forum for Responsible Media Blog
Month: December 2010 (Page 2 of 4)
Freedom of information was not one of the “four freedoms” which formed the foundations of the European project. The freedoms which a European common market and customs union were intended to herald were simply: the ability freely to ship goods for trade across national boundaries; the freedom of workers to “up sticks” and go and take jobs abroad; the freedom of individuals and companies to offer their economic services and, if so minded, to establish their businesses abroad and the freedom to transfer money across European borders. Continue reading
On 14 December 2010 the Court of Appeal handed down judgment in the case of Pink Floyd Music Limited v EMI Records ([2010] EWCA Civ 1429) – a contractual dispute concerning downloading of music to iTunes. For our purposes, the interest of the case lies in Lord Neuberger’s general comments about private hearings and anonymity in the Court of Appeal. Continue reading
On 13 December 2010 the Early Resolution Procedure Group, chaired by former defamation judge Sir Charles Gray (pictured right), published its Report, entitled “Media Disputes and Civil Litigation Costs”. The main proposal is the amendment of section 69 of the Senior Courts Act 1981 so that a judge may, at any stage of a defamation case, decide what the words complained of mean. Such a decision would be binding if the matter subsequently went to a jury trial. Continue reading
It is now well established in English law that a claim for misuse of private information can be brought in relation to information which purports to be private information about the claimant, whether or not the information is true. French privacy law has long recognised the actionability of such publications – for example, in 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
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. Continue reading
On 11 January 2011, Inforrm, in conjunction with Gray’s Inn and the Media Standards Trust, will be stage a panel discussion with the title “Libel Reform: In the Public’s Interest?“. The purpose of the discussion is to consider the implications of the current proposals for libel reform for the general public with panellists bringing a wide range of different expertise and experience to the issues. Continue reading
So the CPS will not press new charges in the News of the World phone hacking case. We shouldn’t be surprised. They won’t be surprised at News International either.
The Metropolitan Police was never the right body to reinvestigate a case it has already made a mess of once. What motivation did it have? Had the CPS found grounds for a prosecution, after all, it would have been the same as saying that the Met got it all wrong first time. Continue reading
A French Court has awarded €1,500 privacy damages against a person who created a false Facebook profile of a French actor and comedian. On 24 November 2010, the Tribunal de Grande Instance de Paris gave judgment in the case of Omar S v Alexandre P. The applicant was Omar Sy a well known television actor and comedian. A “false profile” of him had been created on Facebook site, illustrated with a photograph of him and containing contains the comments he was supposed to have have posted and the replies to “friends” who had accessed the site. Continue reading
This is a Media Law Update covering the last week prepared by the Legal Information Team at Matrix Chambers, which they have kindly agreed to make available to readers of Inforrm.
Latest Cases
MacKay & BBC Scotland v UK (App No. 10734/05) 7 Dec 2010. A complaint by the applicants about not being able to challenge a court order prohibiting reporting on a criminal trial – violation of ECHR, Art 13 in conjunction with Art 10. For press release, see ECtHR Press Release. Continue reading
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