Practitioners have, again, been reminded in strong terms of the need for strict compliance with the Civil Procedure Rules when applications are made for “without notice” injunctions. It has again been pointed out that notice is a matter of “elementary” justice and that, if it is not given, CPR 25.3(3) and PD 25A para 4.3 require the service of evidence stating the reasons why notice has not been given. Continue reading
The International Forum for Responsible Media Blog
Year: 2012 (Page 46 of 60)
Can a State prohibit the publication of false news? And if it couldn’t under normal circumstances, should it be allowed to do so under exigent circumstances, such as a state of emergency? This question is now before the European Court of Human Rights in the case of Dareskizb v. Armenia. Continue reading
Earlier this week we commented on an interim privacy injunction obtained by singer and X-factor judge Tulisa Contostavlos to restrain the publication of a purported “sex tape” on the Internet. At that stage, relying on reports of earlier statements by her management, we reported the injunction as being in “false privacy“. Tulisa has now posted a clip on You Tube (see below) to her 1.7 million followers on Twitter, to “set the record straight”. Continue reading
You would expect a debate about journalism to feature some pretty creative use of metaphor, but this is getting confusing. Given a ‘blank sheet of paper’ to create ‘a press regulator with teeth’, PCC Chairman Lord Hunt has actually used the back of an envelope to sketch out a regulator with arms. Continue reading
Kennedy v. Charity Commission [2012] EWCA Civ 317. Tangled web, this one, but an important one. Many will remember George Galloway’s Mariam Appeal launched in response to sanctions imposed on Iraq in 1998, and the famous picture of George Galloway with Saddam Hussein. Well, the Appeal was then inquired into by the Charity Commission, and this case concerns an attempt by a journalist, unsuccessful so far, to get hold of the documents which the Inquiry saw. Continue reading
In a unanimous decision ([2012] UKSC 11) the Supreme Court today allowed the appeal of Times Newspapers Limited against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that held that it could not rely on Reynolds qualified privilege. The Supreme Court restored the decision of Mr Justice Tugendhat ([2009] EWHC 2375 (QB)) who had ruled, on the hearing of a preliminary issue, that the Times was entitled to rely on the defence of Reynolds qualified privilege in relation to the printed publication of the article about the claimant. Continue reading
In R (Lord Carlile of Berriew CBE QC and others) v Secretary of State for the Home Department [2012] EWHC 617 (Admin), the Divisional Court upheld, with evident reluctance, the Home Secretary’s decision to exclude Maryam Rajavi, “an eminent dissident Iranian politician”, from the UK – denying her the opportunity from meeting in the Palace of Westminster with 16 prominent cross-party members of the House of Lords and the House of Commons to discuss democracy, respect for human rights and other policy issues relating to Iran. Continue reading
The singer and X-factor judge Tulisa Contostavlos has obtained an interim injunction to restrain the publication of a purported “sex tape”. It is reported that the singer was approached by an unidentified man last year, who wanted to sell an alleged sex video of her for £500,000. The film went on sale online on Monday from a website charging £3.90 to download it. Continue reading
The trial of cricketer Chris Cairns’ libel claim against Lalit Modi came to an end at the High Court on Friday March 16. Both parties were in Court 15 as closing submissions were made by Andrew Caldecott QC for the Claimant. It was the eighth day of a hearing in front of Bean J, revolving around the Indian businessman and IPL founder’s 2010 tweet about the Claimant’s having departed the Indian Cricket League (‘ICL’) as a result of his alleged involvement in match-fixing. A blow by blow account of the trial can be found on ESPN’s Cricinfo. Continue reading
It’s a week since Hacked Off called for the disclosure, in a form redacted only to protect the target individuals, of the whole Motorman database – the thousands of logged transactions by which national newspapers gained access to private information. What has happened since? Continue reading
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