The NSW Court of Appeal has delivered another judgment confirming the difficulty in Australia of establishing the qualified privilege defence for media defendants. The NSW Court of Appeal handed down its decision in Lloyd-Jones v Allen ([2012] NSWCA 230) on 1 August 2012. Justice Henric Nicholas wrote the leading judgment, with which Justices Ruth McColl and Margaret Beazley concurred. Continue reading
The International Forum for Responsible Media Blog
Month: August 2012 (Page 3 of 4)
As reported on Inforrm the Court of Appeal recently announced that from 1 April 2013 general damages in certain categories of cases – including for libel and privacy – will be increased by 10%. This was originally recommended by Lord Justice Jackson as part of his ‘package’ of proposed measures in his 2010 report on reducing litigation costs, many of which measures are adopted in the Legal Aid, Sentencing and Punishment of Offenders Act (“LASPO”). Continue reading
On 16 August 2012, Brian Cathcart on behalf of the Hacked Off campaign issued the following statement to its supporters.
We would like to let you know that our campaign is entering a new phase, the third in our short existence, and to ask you for further help. Continue reading
The draft Communications Data Bill [pdf] – the ‘Snoopers’ Charter’ – is currently up for consultation before a specially put together Joint Parliamentary Committee. The consultation period has been relatively short – it ends on 23rd August – and at a time when many people are away on holiday and while many other have been enjoying (and being somewhat distracted by) the Olympic Games. Continue reading
In July, prompted by Section 21 orders from Lord Justice Leveson, many of the UK’s big news organisations offered qualified support for the plan put forward by Lord Black and Lord Hunt for a new system of press self-regulation based on contract law (though none have signed up to it yet). Continue reading
In the case of Simmons v Castle [2012] EWCA Civ 1039 (a personal injury case) the Lord Chief Justice took the opportunity to announce that after 1 April 2013, general damages in tortious claims would increase by 10%. This is following the recommendations by Lord Justice Jackson in his review of civil litigation costs. Continue reading
Intellectual property has reached a crossroads in its relationship with the new digital world. With the impending Digital Economy Act and multi-jurisdictional nature of new media, the expanding digital environment continues to create both challenges and opportunities for the protection and enforcement of intellectual property. Continue reading
The European Court of Human Rights has held in a judgment handed down on 24 July 2012 that the display of a flag with ‘controversial historical connotations’ was protected under Article 10. The applicant had been displaying the controversial Árpád striped flag, which has links to fascism and the Arrow Cross Regime, in Budapest on a day that the Hungarian Socialist Party (MSZP) was holding a demonstration against racism and hatred. Continue reading
As South Africa’s parliament finalises its debate on the Protection of State Information Bill, [pdf] it is important to take a step back from the detail and go back to basic principles. Continue reading
A year on from the introduction of the Master of the Rolls’ Practice Guidance, six privacy injunctions have been discharged, but with the claimant’s anonymity maintained in each case. The British media, however, hasn’t had much to say. Continue reading
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