English PEN and Index on Censorship, two organisations committed to freedom of expression, embarked on the Alternative Libel Project last April and have spent the last year considering whether defamation claims can be resolved in a better way than by using the current High Court process. The project was funded by the Nuffield Foundation, and Index and PEN have had support and advice throughout from members of an expert advisory committee, chaired by Sir Stephen Sedley. The project’s final report, in which Index and PEN make recommendations for change was launched in the middle of March. Continue reading
The International Forum for Responsible Media Blog
Year: 2012 (Page 44 of 60)
The former chairman of the Indian Premier League Lalit Modi has been ordered to pay £90,000 damages in a libel action brought by cricketer Chris Cairns, over tweets published in early 2010. As Gervase de Wilde reported for Inforrm, it has been one of the most high profile libel cases of the past 12 months. In a judgment given on Monday March 26 ([2012] EWHC 756 (QB)), Bean J also granted the additional remedy of an injunction to the Claimant. There is an interesting legal and cricketing commentary on the Defamation Watch blog. Continue reading
Case Law: Tulisa Contostavlos v Michael Mendahun and others, “sex tape” privacy injunction continued
On 19 March 2012, singer and X-factor judge Tulisa Contostavlos obtained an interim injunction to prevent the publication of a “sex tape”. We reported on this application at the time. Original reports suggested that this might be a “false privacy” case but in a You Tube video the singer explained the background and accused her former boyfriend, Justin Edwards (aka MC Ultra) of leaking the tape (see our post of 22 March 2012). A public hearing took place on 26 March 2012 (see our post of 27 March 2012) and the order was continued by Mr Justice Tugendhat. On 29 March 2012 he handed down a judgment explaining his reasons for granting and continuing the order ([2012] EWHC 850 (QB)). Continue reading
The Leveson Inquiry continued the examination of the relationship between the police and the press, with appearances from deputy London mayor Kit Malthouse (pictured), the regional press, a number of chief constables from regional forces and the Independent Police Complaints Commission. Continue reading
Comment is free; facts are sacred runs CP Snow’s famous aphorism; a perusal of the comment section of blogs and online newspaper articles would suggest that there is usually greater enthusiasm shown for the expansive first part of this noble sentence than for its more sober and demanding second part. Continue reading
A journalist with no formal legal training gave his name to the industry’s media law “bible”.
Leonard McNae, 1902-1996, wrote the first Essential Law for Journalists for the National Council for the Training of Journalists (NCTJ), which was published as a book in 1954, replacing the NUJ’s The Pressman and the Law by G.F.L. Bridgman of the Middle Temple. Continue reading
It was coincidental that the cricket libel case, Cairns v Modi and Lady Justice Arden’s speech on media intrusion and human rights “Striking the Balance” came out on the same day.
Non-followers of cricket and non-followers of Twitter are equally bemused by the vastly frothed story about match-fixing allegations, but this was the first social networking libel to hit the libel courts in this country. Continue reading
The father of “Baby P” was awarded compensation of £75,000 under the “offer of amends” procedure. Judgment in the case of KC v MGN Ltd ([2012] EWHC 483 (QB)) was handed down on 5 March 2012. Although the case was based on the publication of serious allegations the number of publishees was small and the award appears to be at the top of the scale. The defendant made an unsuccessful application to the judge for permission to appeal. Continue reading
The Co-ordinating Committee for Media Reform (“CCMR”) is a newly-formed umbrella organisation of advocacy groups, academics and individuals campaigning for meaningful reform of the UK media. The CCMR recommends that a News Publishing Commission should be formed to replace the PCC. The commission’s composition and duties are described below. They would incorporate much of the existing good practice of the PCC as well as having additional responsibilities. Continue reading
Chris Cairns’ claim against Lalit Modi has been one of the most high profile libel cases of the past 12 months. The public roles of both parties, the nature of the allegations, the events in question taking place in the context of a controversial offshoot of a popular international sport, the defamatory comments being made on the relatively new medium of Twitter – all this played a part in ensuring that the spotlight was on the litigation throughout. The claim and its defence, however, turned on a single question: was the Claimant a cheat? Continue reading
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