If private information material has been published on the Internet where can the wronged individual bring an action, and what law applies? These are the questions posed of the CJEU by the German Federal Court of Justice (the Bundesgerichtshof) and by the Tribunal de Grande Instance (Paris) in two cases – respectively eDate Advertising GmbH v. X, C-509/09 and Martinez v. Mirror Group Newspapers Limited, C-161/10 – which were heard and decided on together by the Grand Chamber of the Luxembourg Court on 25 October 2010. Continue reading
The International Forum for Responsible Media Blog
Year: 2011 (Page 7 of 54)
This post originally appeared on the Australian Journlaw blog. It suggests an interesting new approach to media regulation which, as far as we know, has not been suggested in debates in this country. We are reproducing it with permission and thanks to provide a further perspective on those debates.
Australia does not need a media tribunal with regulatory powers to punish ethical transgressions. It already has one – in the form of the Australian Competition and Consumer Commission (“ACCC”). Continue reading
On 7 November 2011 Lord Justice Leveson gave a wide ranging ruling on the Inquiry’s approach to evidence. He substantially rejected the points made by the Metropolitan Police and the CPS in their joint submissions on the conduct of the Inquiry. The ruling shows the careful and nuancing balancing exercise required in an Inquiry of this kind which ranges over material which is also likely to be the subject of criminal prosecutions. Continue reading
The High Court has rejected Wikileaks founder Julian Assange’s appeal against extradition to Sweden to face rape and sexual molestation charges. Assange and his lawyers have 14 days from last Wednesday’s judgment to apply for appeal in the Supreme Court ([2011] EWHC 2849 [PDF]). His Norfolk host Vaughan Smith told Newsweek “I think it would be foolish to determine WikiLeaks is over. It’s far too premature for that.” Continue reading
The phone hacking scandal is moving into a higher gear, with a new Culture Media and Sport Select Committee hearing and the Leveson Inquiry evidence sessions only a few days away. There has also been another arrest, this time of a “Sun” journalist.
We should, however, begin by mentioning the September 2011 publication of the Government Response to the Home Affairs Select Committee’s July 2011 report on “Unauthorised Tapping into or Hacking of Mobile Telephone Communications“. Continue reading
Although protection of privacy in Australian law has evolved considerably since the stance taken in Victoria Park Racing and Recreation Grounds Co Ltd v Taylor that “any person is entitled to look over the plaintiff’s fence to see what goes on in the plaintiff’s land. If the plaintiff desires to prevent this, the plaintiff can erect a higher fence” ((1937) 58 CLR 479 at 494) there is currently no clear cause of action for invasion of privacy in statute or at common law. Continue reading
Jeremy Clarkson is in the legal media news again. However, this time not as a claimant but as the test driver whose review of the Tesla Roadster on Top Gear has led to a malicious falsehood claim being brought by Tesla against the BBC. In his judgment last week ([2011] EWCH 2760 (QB)) Tugendhat J clarified the law on pleading damages in malicious falsehood claims. Continue reading
There are currently 60 individuals pursuing claims in the High Court for damages for breach of privacy and misuse of confidential information, arising out of phone hacking conducted by Glenn Mulcaire on behalf of the now defunct News of the World. A number of lead claims,currently before Mr Justice Vos, are due to be heard at a trial expected to start at the end of January next year. Continue reading
A presentation to “Media Regulation – New Ideas: A City University London and Reuters Institute for the Study of Journalism Event 1 November 2011”
It’s 2011. I’m a consumer. I know a bit about the media and its regulation. I know that Ofcom regulates television and radio. I’ve read that the PCC has been through some rough times recently but I know that, for the time being at least, it regulates newspapers. Continue reading
What lies behind the Daily Mail’s assault on Hugh Grant? Could it be conventional piety? Hardly: have you looked at Mail Online lately? It is an artful mix of soft porn and celebrity gossip of the kind which, just a few years ago, the Mail itself would have dismissed as morally corrosive. Continue reading
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