The International Forum for Responsible Media Blog

Month: March 2011 (Page 2 of 6)

Matrix Media and Information Update – 24 March 2011

This is a Media and Information 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

Baturina v Times Newspapers [2011] EWCA Civ 308.  The Court of Appeal allowed the appeal by the claimant, the wife of the former Mayor of Moscow, against an order of Eady J striking out part of her claims arising out of the publication and article which wrongly suggested that she had purchased a very large London property.  Continue reading

A Canadian Perspective on Libel Tourism – Antonin I. Pribetic

As with most Commonwealth jurisdictions, Canada (except the province of Quebec) has followed the English law of defamation. For this reason alone, Canadian journalists, bloggers and defamation lawyers, should take note of the recent tabling of the U.K. Government’s Draft Defamation Bill, which will undoubtedly have some impact on how Canadian defamation law in the digital age responds to the tension between freedom of expression on the one hand, and the protection of reputation and privacy, on the other. Continue reading

Can the Media use Parliamentary Privilege to Circumvent Reporting Restrictions in Privacy Injunctions? – Henry Fox

The recent claim in Parliament by Liberal Democrat MP John Hemming (pictured right) that Sir Fred Goodwin has obtained an injunction to prevent him being identified as a banker has reignited interest in the suggestion that the media can in some way sidestep the secrecy of an injunction through the indirect use of Parliamentary privilege. The incident is reminiscent of Paul Farelly’s revelation to Parliament that Trafigura had obtained a so-called “super-injunction” against the Guardian in October 2009. Continue reading

Case Law: Zac Goldsmith and others v BCD – privacy injunctions and return dates – Hugh Tomlinson QC

Judgment was handed down today in the privacy case of Zac Goldsmith and others v BCD ([2011] EWHC 674 (QB)).  The case provides some interesting guidance how to deal with return dates for privacy injunctions.  The original injunctions had been granted in December 2008 (“the 2008 Orders”) after someone had hacked into the claimants’ email accounts and sent what purported to be personal information to a journalist.  Continue reading

Opinion: “Defamation: clarification or negotiation?” – Daithí Mac Síthigh

The draft Defamation Bill has provoked a range of responses, including those of Dominic Crossley and my colleague Alastair Mullis published here on Inforrm.  However, my take on this draft is that it could be characterised as a missed opportunity, being a clarification of the law rather than a serious project to assess the form and purpose of defamation law in the UK (in most cases, England and Wales only).  My suggestions for what could have improved this draft (or could yet improve the process) are about comparative law, media regulation, and the Internet. A draft Bill is an opportunity to break out of the claim and counter-claim that have characterised the libel reform debate to date, but will this Bill really deliver such a reassessment? Continue reading

Law and Media Round Up – 21 March 2011

Wordle: UntitledIn 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.

News

The publication of the Government’s Consultation on a Draft Defamation Bill dominated the media law news this week.   The Bill was conceived as a response to a campaign which was supported – though not initiated – by the media and it is not surprising that it was broadly welcomed by the press. Continue reading

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