What do President Jacob Zuma and Oscar Pistorius have in common? In both their cases, the courts commented on the potentially harmful impact on the administration of justice of publicity about the case. Continue reading
The International Forum for Responsible Media Blog
Month: June 2013 (Page 4 of 5)
In the coming days politicians and security officials on both sides of the Atlantic are going to be forced to explain the revelations in the Guardian and other newspapers about PRISM. This program appears to have been set up to allow the US government access to personal data held by Google, Apple, Facebook and other tech companies. Continue reading
The media law week culminated in the Guardian’s explosive expose of the US National Security Agency’s extensive communication surveillance programme, in a series of articles gathered here. Continue reading
Article 34.1 of the Constitution provides that “Justice … shall be administered in public“. By way of footnote to my earlier post on Open justice and access to court documents comes the decision of Hogan J in Allied Irish Bank plc v Tracey (No 2) [2013] IEHC 242 (21 March 2013). The applicant had been mentioned in affidavits filed by the defendant in the main action, and took this motion to have access to those affidavits. Continue reading
With the Mail speculating an alleged affair said to be political dynamite to No 10 and multiple News International appearances to answer charges at Southwark Crown Court, reporting (and non-reporting) of Hackgate was busy last week. Defendants have understandably been the main focus of attention, whilst one person in the courtroom has largely escaped notice – the judge. The Honourable Mr. Justice Saunders, a.k.a. Sir John Henry Boulton Saunders, is handling pre-trial case management and may be the anticipated Hackgate replacement for newly-promoted Lord Justice Fulford. Continue reading
It is open season on Maria Miller. According to the Mail and the Telegraph, the Secretary of State for Culture, Media and Sport is a waste of space and the sooner she is sacked, and her effete department broken up, the better. We can expect more of this stuff, for when an attack like this gets going other dogs soon join the baying pack. Weekend papers may well join in. Continue reading
The statutory tort of harassment as set out in the Protection from Harassment Act 1997 was considered by the Supreme Court in Hayes v Willoughby ([2013] UKSC 17). The issue before the Court concerned the scope of one of the defences to the tort (section 1(3)): that the conduct complained of was for the purpose of preventing or detecting crime. The Supreme Court held that this defence can succeed only if the defendant rationally believed that his or her activity was for this purpose. Continue reading
In the case of Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors ([2013] UKSC 31) the Supreme Court considered the scope of the duty of confidence. It held that an action for breach of confidence is based ultimately on conscience and that a person can only be liable if they agree or know that the information being used is confidential. Continue reading
On 5 June 2013 Mr Justice Tugendhat handed down a reserved judgment following the pre-trial review in the case of Cruddas v Calvert ([2013] EWHC 1427). He accepted the case advanced by the claimant, former Conservative Party Treasurer, Peter Cruddas, as to the meaning of the words complained of. As a result, he struck out the defence and entered judgment for an injunction and damages to be assessed at the trial on 17 June 2013. Permission to appeal was refused. Continue reading
Australia’s attempt at media reform has gone nowhere fast … Media lawyer and author Patrick George looks at what happened, what is at stake and why a Media Ombudsman might be the answer
The campaign to shut down media reform in Australia has been very effective. Continue reading
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