Defamation Act 2013, A Critical Evaluation, Part 2: “Serious Harm” – Dan Tench

27 07 2014

Defamation ActIn this post, I continue setting out concerns with the Defamation Act 2013 by looking at the test for serious harm in section 1 of the Defamation Act 2013.  There is no sensible objection to a seriousness threshold for a defamation claim.  As the explanatory notes of the Act make clear, this is the current law.  Read the rest of this entry »





United States: Facebook, Cyberbullying and the First Amendment – Susan Brenner

27 07 2014

BulliesA “15-year-old high school student” who was “prosecuted for ‘cyberbullying’ under a local law enacted by the Albany County Legislature” pleaded guilty to one count of cyberbullying and then challenged his conviction on appeal.  People v. Marquan M., 2014 WL 2931482 (Court of Appeals of New York 2014).  In his appeal, Marquan M. claimed the statute violated the  First Amendment. People v. Marquan M., supra. Read the rest of this entry »