The International Forum for Responsible Media Blog

Month: September 2011 (Page 2 of 6)

News: Lionel Barber on Phone Hacking and Press Regulation

On 14 September 2011 the Editor of the Financial Times, Lionel Barber, gave the Fulbright Lecture with the title “Adapt or Die: The Future of News and Newspapers in the Digital Revolution“.   After considering the impact of the phone hacking scandal, he said that Press Complaints Commission in its current form is dead and should be replaced by an entirely new system of self-regulation. Continue reading

Interpretation of the “fit and proper person” test for broadcast licensing – Jaron Lewis and Benjamin Roe

Ofcom operates a “fit and proper person” test for broadcast licence-holders.  This test has received much attention recently in the context of allegations of phone-hacking at the News of the World, and the potential impact upon BSkyB’s broadcast licence.  The News of the World was owned by News Corporation, and News Corporation owns 39% of BSkyB.  Continue reading

Case Law: McGaughey v Sunday Newspapers Limited – Northern Ireland, privacy and damages

Johnny Adair

On Friday 16 September 2011, the Court of Appeal in Northern Ireland (Morgan LCJ, Higgins LJ and Sir John Sheil) handed down judgment in the privacy claim of McGaughey v Sunday Newspapers Ltd. The narrow issue on the appeal was whether or not the action should be remitted to the County Court. McCloskey J had made an order remitting the case and the Court of Appeal upheld his decision ([2010] NICh 7).  But the case is of more general interest because the order was made on the basis of an assessment of the highest award of likely damages for misuse of private information. Continue reading

Opinion: “Official secrets and the powerful disinfectant” – Adam Wagner

When considering the Metropolitan Police’s attempt to force a Guardian journalist to disclose her source, it is worth revisiting the seminal case of R v Shayler [2002] UKHL 11. The case, which arose shortly after the Human Rights Act came into force, shows how heavily stacked the law is against those accused of causing to leak state secrets, but may also reveal some limited hope for journalists too. Continue reading

Law and Media Round Up – 19 September 2011

The most striking phone hacking story of the week concerns the application by the Metropolitan Police for orders under PACE requiring the “Guardian” to disclose its sources for various phone hacking stories.  This was reported in the “Guardian” on Friday and has attracted understandable and widespread concern – from the “Daily Telegraph” to Hugh Grant at the Lib Dem conference.   However, the “Independent” reports that the Met is “ready to fight” on this issue. Continue reading

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