In last month’s unanimous judgment in Rothschild v Associated Newspapers Limited ([2013] EWCA Civ 197) the Court of Appeal upheld a decision that the defence of justification had been established in a claim brought by the financier Nat Rothschild against the Daily Mail. The case provides interesting guidance on the circumstances in which a defendant need prove only part of the defamatory allegations which have been made. Continue reading
The International Forum for Responsible Media Blog
Year: 2013 (Page 43 of 59)
The Mail on Sunday and the Daily Telegraph are alarmed about ‘secret arrests’ – which, as usual, they blame on Lord Justice Leveson. The complaint concerns proposed new guidelines from the Association of Chief Police Officers under which “forces will be banned from confirming the names of suspects”. The Mail calls it “a chilling new threat to the right to know” and holds out the prospect of people being swept off the streets in the manner of North Korea and Zimbabwe. The Telegraph says that critics are condemning the proposal as an attack on open justice. Continue reading
In its judgment in Core Issues Trust v. Transport for London [2013] EWHC 651 (Admin), which is sure to provoke heated debate, the High Court ruled that the banning of an advert which read “NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!” from appearing on London buses was handled very badly by Transport for London (“TfL”) but was not unlawful or in breach of the human rights of the group behind the advert. Continue reading
The Leveson amendments to the Crime & Courts Bill could pose a very significant threat to freedom of expression on the internet unless greater clarity in the definitions is achieved. The devil is all in the detail and very careful scrutiny is required to ensure that it does not have unintended consequences. Continue reading
Recent media coverage, particularly in the Guardian reveals a worrying new trend in our society – the dissemination of “creepshots” and “revenge porn” online, ruining reputations and, often, lives.
To the uninitiated, creepshots are surreptitiously taken photographs, usually sexual in nature, mostly of women (often very young women) and revenge porn is a category of explicit photographs and videos, usually taken with consent at the time, (for private use in relationships) but later used to bully, intimidate or blackmail vulnerable individuals (again, largely young women). Continue reading
One of the more remarkable features of the “war on Leveson” waged by leading British papers has been their willingness to appeal to the European Convention on Human Rights. In the cases of several newspaper groups this is the most flagrant hypocrisy. They have consistently accused the Court of Human Rights of ignoring the will of a democratically elected parliament, but this is precisely what they want the court to do now in relation to the Leveson recommendations. Continue reading
The Australian government’s mishandling of legislation related to press standards has left media reform in a mess … Richard Ackland reflects on what went wrong and why the threatened loss of the media exemption under the Privacy Act was a joke. Continue reading
QPR midfielder Joey Barton, as everyone in football knows, is a tireless campaigner for freedom of expression. The controversial ball-winner, currently on loan in the French First Division with Olympique Marseille, is known for his brushes with the law, but has built a countervailing reputation as one of the game’s most aggressive thinkers. Continue reading
The decision of the Court of Human Rights in Novaya Gazeta v Russia ([2013] ECHR 251) is an interesting reminder of the requirement of journalistic responsibility even in the context of public interest articles about politicians. The case concerned a domestic libel judgment in favour of a Regional Governor based on an article containing a value judgment. It was, nevertheless, held to have been justified under Article 10(2) as there was insufficient factual basis for the statement made. The article had not been written responsibly. Continue reading
The Media Reform Coalition has launched a consultation for small publishers, online journalists and bloggers in order to provide input into the final parliamentary consideration of the Crime and Courts Bill, the legislation backing the Leveson recommendations for media self-regulation. Continue reading
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