The International Forum for Responsible Media Blog

Month: February 2013 (Page 2 of 5)

Data Protection Code of Practice for the Press raises the prospect of enhanced protection for ordinary data subjects – Chris Pounder

ico-logo-blue-grey-370x229Five days ago, the Conservatives outlined their plans for implementing the Leveson Recommendations (the Recommendations”) by creating an independent panel, established by Royal Charter, to verify that any new press regulator is effective. Yesterday, the Information Commissioner put a spanner in these works; he has published outline plans for his own voluntary Code of Practice and is consulting on its possible content. Continue reading

Case Law: Tamiz v Google Inc, Google may be a common law publisher – Gervase de Wilde

createblogThe Court of Appeal’s decision in Tamiz v Google Inc ([2013] EWCA Civ 68) comes at a moment when defamation on the internet is in the spotlight. It has been ‘the elephant in the room’ during the Leveson inquiry, it is being considered in relation to this year’s Defamation Bill, and has recently been the subject of decisions by Commonwealth courts which have diverged from the established position in England and Wales. The judgment is the first time the Court of Appeal has considered the topic. Continue reading

Hilary Mantel and the Duchess: a case of Royal libel? – Owen O’Rorke

Hilary Mantel and the Duchess of CambridgeThe rule of thumb that the Royals don’t sue is not a matter of strict legal advice (Prince Charles has seen to that) – but it is trite law that dead Royals don’t sue, and certainly not in defamation cases. Hilary Mantel may be safe from a writ from Anne Boleyn or Princess Diana, but could she expect a claim from the Duchess of Cambridge – assuming she is a living legal person, and not a plastic doll? Continue reading

Leveson and the Regional Press: the misconceived “arbitration problem” – Hugh Tomlinson QC

RegionalOne of the key recommendations of the Leveson Report is that a new independent press regulator should provide a “fair, quick and inexpensive” arbitration service.  This is one of three “arms” of the new regulator: standards enforcement, complaints handling and arbitration.  It is proposed that the arbitration service will deal with “civil” complaints – cases which would otherwise be the subject of Court proceedings.  There is a helpful diagram in the Report (Vol 4, K, 4.3, p.1759). Continue reading

News: Information Commissioner Consults on Data Protection and Press Code of Practice

In the light of Lord Justice Leveson’s recommendations on Data Protection, the Information Commissioner is proposing to issue a Code of Practice under section 51 of the Data Protection Act 1998 in relation to the law as it currently stands.  Before doing so, the Information Commissioner’s Office (“ICO”) is engaging in a short “framework consultation”. Continue reading

Law and Media Round Up – 18 February 2013

6 December Round UpThis week the Court of Appeal handed down a judgment in the case of Tamiz v Google ([2013] EWCA Civ 68) in which dismissed the appeal by Payam Tamiz against last year’s decision which set aside his claim against Google on Jameel grounds, but disagreed with Eady J’s conclusion that Google was not a publisher at common law and had an unassailable defence under section 1 of the Defamation Act 1996 (see “In the Courts, below). Continue reading

Leveson: It is impossible to overstate the Daily Mail’s fear of proper press regulation

Over the last few days a number of courageous NHS whistleblowers have defied the terms of “confidentiality agreements” and spoken out about concerns that they had about the way in which trusts and hospitals were run. You might think that the villains were obvious: secrecy obsessed public authorities spending public money to buy off public criticism. But you would be wrong. The “Daily Mail” knows that the true villain is Lord Justice Leveson.
Continue reading

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