The International Forum for Responsible Media Blog

Month: December 2012 (Page 3 of 6)

Law of Libel and the Defamation Bill – Gavin Phillipson

ParliamentIt is wrong to treat free speech as being a superior or primary right in a democracy as some reform campaigners have. Many of the values underpinning free speech – truth, individual autonomy and development, the maintenance of a democratic society – also underpin reputation itself. We should value robust protection for reputation for many of the same reasons that we value free speech itself. Continue reading

Case Comment: R (Press Association) v Cambridge Crown Court – Anonymity and sexual offences – Edward Craven

Victims of rape and other serious sexual crimes are entitled to lifelong anonymity under the Sexual Offences (Amendment) Act 1992. It is sometimes suggested that defendants in sex cases should enjoy similar protection until they are convicted at trial. However in a novel twist, a judge recently went one step further and ordered the anonymisation of a convicted rapist in order to protect the identity of his victim. Continue reading

Leveson: Ofcom, Royal Charters and Judicial Recognisers. Or how about Sir Brian?

Judicial RecognisersLord Justice Leveson recommended the establishment of an independent and voluntary self-regulator for the press. And given, the long history of inadequate self regulation, he recommended that the law must “provide a mechanism to recognise and certify” the new self-regulator. His view, after careful consideration of the alternatives, was the Ofcom should be the recognition body.   Continue reading

Mengi v Hermitage and Access to Justice in Libel Cases – Andrew Stephenson

Sarah Hermitage and her husband Stewart MiddletonOn 30 November 2012, following a 10-day trial, Mr Justice Bean dismissed a libel claim brought by Reginald Mengi, the Executive Chairman of IPP Ltd, a company which holds major newspaper and broadcasting interests in Tanzania ([2012] EWHC 3445 (QB)). The defendant, Sarah Hermitage, had set up a blog to record and to publicise as a warning to others her experience in Tanzania; how, with no protection from the local courts and officials, she and her husband were by threats and intimidation driven out of the country and forced to abandon their investment in their farm, Silverdale. Continue reading

Containing contempt: the Law Commission consultation – Alex Bailin QC

ContemptThe Law Commission recently published a timely consultation paper on reform of contempt of court laws.  The current Attorney General has been extraordinarily active in bringing contempt cases – with more in the last few years than in the previous decade. His view is that contempt laws are still valid in the internet age but enforcement presents a real challenge, particularly given the power and prevalence of social media. The Law Commission’s starting point is “to ask how, in a modern, internet-connected society, the law of contempt can continue to support the principles that criminal cases should be tried only on the evidence heard in court.Continue reading

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