Some orders have been made on foot of the Defamation Act, 2009 (also here) – see, for example, Lowry v Smyth (background here and here; coverage of the order here), Mellon v Associated Newspapers (coverage here), and Meegan v Associated Newspapers (coverage here) – but Watters v Independent Star [2010] IECC 1 (03 November 2010) remains the only reported judgment on provisions of the Act. In that case, the newspaper had published an article headlined Continue reading
The International Forum for Responsible Media Blog
Month: February 2011 (Page 3 of 6)
In September 2010, the US magazine “In Touch” published an article entitled “David’s Dangerous Betrayal” which consisted of an interview with Irma Nici, described as a former high-class call girl, claiming that she had slept with David Beckham, who had agreed to pay her US$10,000 for “one night of passion”. The publisher wisely ensured that the relevant edition of the magazine was unavailable in the United Kingdom both in hard copy and online. Copies were available in Germany where, it appears, David Beckham has brought successful legal proceedings. Continue reading
Controversial preacher Dr Zakir Naik has addressed the Oxford Union by satellite link, despite being banned from visiting the UK by the home secretary.
The Home Office has wide discretion to exclude radicals which it considers have displayed ‘unacceptable behaviours’ , and the preacher was excluded under this policy in June 2010. The exclusion is currently being challenged in the courts. The home office successfully defended the ban in the high court (see our post), but that judgment is being challenged by the preacher in the court of appeal. Continue reading
Sarah Thornton’s long-running libel and malicious falsehood claim against the Telegraph Media Group has seen the parties in court again before Mr Justice Tugendhat who this time refused the newspaper’s application to amend its defence to the malicious falsehood claim (see Thornton v Telegraph Media Group (No.3) [2011] EWHC 159 (QB)).
Dr Thornton is the author of the book, “Seven Days in the Art World”. Lynn Barber wrote a review of it in the “Daily Telegraph” on 1 November 2008 and Dr Thornton took offence and sued. Continue reading
The Ministry of Justice Consultation on Civil Litigation Funding closed yesterday, 14 February 2011. The Ministry is consulting on the proposals in the Jackson Report and, in particular, the suggestion that CFA success fees and ATE premiums should no longer be recoverable from the unsuccessful party. It is provisionally in favour of this proposal. If this is implemented it will have a substantial impact on claims for defamation and misuse of private information. There is a useful House of Commons Library “Standard Note” explaining the background to the proposals. Continue reading
News
On 12 February the “Guardian” published an interesting conversation between Max Mosley and Roy Greenslade on the subject of privacy and public interest. The discussion centres on Mr Mosley’s claim that there should be prior notification of privacy invading stories. Continue reading
The gun attack on Congresswoman Gabrielle Giffords and others gave rise to an intense debate about the limits of free speech in the USA last month. The UK Human Rights Blog drew attention to a New York Times columnist, writing in October 2010 that the USA was in ”denial” about “the level of rage still coursing, sometimes violently, through our national bloodstream” and asked what was to be done about violent “rage”, publicly expressed? It made the point that political rhetoric in the United States is often more offensive and charged than in the UK, due in part to the more robust freedom of expression protections under the US Constitution. Continue reading
In another of his series of interesting “Metgate” posts on the “Index on Censorship” blog, Professor Brian Cathcart asks “Is Murdoch ready for a long war in the courts?” He begins with a question, “If, as seems more and more likely, Rupert Murdoch’s News of the World hacked into the voicemail messages of the deputy prime minister of this country, what should be done about it?” He suggests that although people may have shrugged off the bugging of celebrities “bugging the country’s elected leaders is a gross affront to democracy and a threat to national security“. Continue reading
In this feature we revisit older posts which remain of current interest. In this updated post from May 2010 we consider the “human right to internet access”.
At an early stage of the street protests the Egyptian government cut off almost all Internet and cell service. It has been suggested that young activists in in Egypt, in Tunisia and elsewhere in the Middle East, have used these electronic tools to organize protests. This has led a number of commentators to revisit the question as to whether the right to access the Internet and other electronic media is becoming a new human right. 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
Brady v Norman [2011] EWCA Civ 107, 9 Feb 2011. The claimant appealed against a refusal to disapply the 12-month limitation period applicable to his defamation claim. The Court was asked to consider whether master’s decision refusing application was in conflict with authority on the equivalent time limit in personal injury claims. Continue reading
Recent Judgments
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