The International Forum for Responsible Media Blog

Month: February 2012 (Page 5 of 6)

Case Law: Jones v Tsige, The Ontario Courts recognise a privacy tort – Hugh Tomlinson QC

In a judgment handed down on 18 January 2012, the Court of Appeal in Ontario recognised, for the first time, that the common law of Ontario included a free-standing tort of intrusion on seclusion.  In Jones v. Tsige (2012 ONCA 32) the Court overturned the decision of the first instance judge striking out the claim on the basis that there was no tort of invasion of privacy in Ontario.  The Court of Appeal allowed the appeal and entered judgment for the plaintiff with damages of Can$10,000.  Continue reading

Case Law, Strasbourg: Von Hannover v Germany (No.2) – Unclear clarification and unappreciated margins – Kirsten Sjøvoll

The decision in Von Hannover v Germany (No. 2) is the second of two given on 7 February 2012 by the Grand Chamber concerning the balancing of privacy and freedom of expression.  There was a case comment on Axel Springer here.)  In a unanimous decision, the Grand Chamber found that Germany had not failed in its obligation to respect the applicants’ Article 8 rights when it refused to grant an injunction against the publication of a photograph taken of Princess Caroline and her husband while on holiday at a ski resort in Switzerland. Continue reading

Press ‘omerta’: How newspapers’ failure to report the phone hacking scandal exposed the limitations of media accountability- Daniel Bennett and Judith Townend

The Phone Hacking Scandal: Journalism on Trial“[Nick] Davies’s work…has gained no traction at all in the rest of Fleet Street, which operates under a system of omerta so strict that it would secure a nod of approbation from the heads of the big New York crime families” Peter Oborne, The Observer, April 2010

“There seemed to be some omerta principle at work that meant that not a single other national newspaper thought this could possibly be worth an inch of newsprint” Alan Rusbridger, editor of The Guardian, Newsweek, 2011. Continue reading

Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 – Sara Mansoori

On 7 February 2012 the Grand Chamber of the Court of Human Rights found that the Article 10 rights of the publisher of the German tabloid, “Bild” had been violated by injunctions granted by the German courts (Axel Springer v Germany, App No 39954/08).  The tabloid had been prevented from publishing articles about the arrest and conviction of a well known television actor for possession of cocaine.   By 12 votes to 5, the Grand Chamber found there was a violation and awarded the publisher “just satisfaction covering the damages and costs it had had to pay in the domestic proceedings and in Strasbourg.  Continue reading

News: “Twitter Joke” Case goes to the High Court – Gervase de Wilde

The conviction of Paul Chambers for a joke made on Twitter has inspired satire, celebrity outrage and simple incomprehension. It has also led to two appeals, the second of which begins in Court 74 at the High Court in London today before Lord Justice Gross and Mr Justice Irwin. This appeal, ‘by way of case stated’ (on questions of law alone) examines the scope of the legislation under which Chambers was convicted, and brings into focus some of the broader issues surrounding his prosecution, including the regulation of social media. Continue reading

News: Phone Hacking Judicial Review – victory for the claimants, police admit breach of Article 8

The claim for judicial review of the Metropolitan police conduct in relation to the phone hacking investigation ended today in victory for the claimants.   The Administrative Court granted a declaration of a breach of Article 8 of the Convention on Human Rights in terms had been agreed between the parties.  The police also agreed to pay the claimants costs and to an order that they send “letters of regret” to each of the Claimants, apologising personally for the distress caused by their failures to provide information about phone hacking. Continue reading

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