Law and Media Round Up – 22 July 2013

22 07 2013

Media and Law Roundup Rupert Murdoch has claimed he was “overly emotional” in comments he made about the police investigation into alleged payments by journalists to public officials that were secretly recorded and reported in Private Eye and by Exaro News (see Press Gazette on the chronology of the story here). Read the rest of this entry »





Australia: The difficult tort of injurious falsehood – Gail Noe

21 07 2013

gazetteInjurious falsehood has enjoyed a resurgence in recent times, often pleaded alongside defamation … But as Gail Noe points out, it’s notoriously difficult to establish

Despite being described as a “rare and anomalous” tort, injurious falsehood has undergone a resurgence in popularity in recent times. Read the rest of this entry »





The misunderstandings of the Financial Times – Brian Cathcart

20 07 2013

financial_timesThe Financial Times has declared qualified support for proposals by national newspaper proprietors for self-regulation that fall far short of the recommendations of the Leveson Report. Its editorial (£) on the subject, however, reveals that this support is founded on a long list of misunderstandings and errors. Below is our analysis, with the words of the FT’s editorial in italics. Read the rest of this entry »





Huhne and Trimingham, “long lens photos don’t invade privacy” – five bad PCC adjudications

20 07 2013

Huhne Trimingham PCCThe Press Complaints Commission (“PCC”) has issued a series of bad privacy decisions on complaints by Chris Huhne and Carina Trimingham against five newspapers about the publication of photographs showing them in the grounds of an open prison.  The PCC found that these long lens photographs of the couple in a private place did not invade their privacy. Read the rest of this entry »





Media Standards Trust: analysis of proposals for Independent Press Standards Organisation

19 07 2013

media-standards-trustOn Monday 8 July 2013 four news publishing associations – the Newspaper Society, the NPA, the Scottish Newspaper Society and the PPA – released plans for a new body to replace the PCC called the ‘Independent Press Standards Organisation’ (IPSO). These plans ‘follow the criteria set out in the Royal Charter put forward by the industry’. In other words, they are based on the criteria in the PressBoF Royal Charter submitted to the Privy Council on 30 April 2013 – not the cross-party Royal Charter passed by Parliament on 18 March 2013. Read the rest of this entry »





Hacked Off and the midnight pizza deal: another silly myth – Brian Cathcart

18 07 2013

No PizzaThis morning’s FT Editorial (£) repeats a myth we hear all the time: that the cross-party royal charter was “assembled over pizza in the early hours of the morning”. A deal was thrown together – so the story goes – late at night in Ed Miliband’s office with Hacked Off in the room and the press totally excluded. Read the rest of this entry »





Privy Council and Royal Charters: Constitutional Obfuscation

18 07 2013
Privy Council (1)

Meeting of the Privy Council

The Privy Council is in the news following the unfortunate decision of the Prime Minister to ignore a key Leveson recommendation and to constitute a “recognition body” by Royal Charter, rather than by statute. Read the rest of this entry »





Hackgate: Witness Protection, Anyone?

17 07 2013

imagesThe Rogue Element of the Private Investigation Industry and Others Unlawfully Trading in Personal Data“.  The first version Serious Organised Crime Agency report (2008) was made public in July 2012. It said (p.5) there was evidence that private investigators were Read the rest of this entry »





Case Law, Hong Kong, Oriental Press Group v Fevaworks, Provider of Internet Forum is a publisher but has “innocent dissemination” defence

17 07 2013

2013-03-26_111713In Oriental Press Group Ltd & Others v Fevaworks Solutions Ltd & Others [2013] HKCFA 47, the Hong Kong Court of Final Appeal held that an internet forum provider is not like a notice board owner and not a first or main publisher, but qualifies as a subordinate publisher entitled to rely on the defence of innocent dissemination. Read the rest of this entry »





Debunking the PBS myth: Media in crisis? – Argyro Karanasiou

16 07 2013

ERTThere are only a few things as widely spread, taught and cherished as the Greek mythology. The endless tales of anthropomorphic gods have long been parts of the ancient Greek heritage to the world. Contemporary Greece however is shifting the focus away from creating myths to debunking them: Public Broadcasting Services (PBS) is the latest example. Read the rest of this entry »