The International Forum for Responsible Media Blog

Month: September 2014 (Page 2 of 3)

Case Law, Strasbourg: Karácsony and Szél v. Hungary, sanctions on protesting parliamentarians breached Article 10 – Hugh Tomlinson QC

HungarianParliamentBuildingIn the cases of Karácsony and v Hungary and Szél v.Hungary (applications nos. 42461/13 and 44357/13) decided on 16 September 2014 the Second Section of the European Court of Human Rights held that financial sanctions imposed by the Speaker on demonstrating members of the opposition in the Hungarian Parliament were a violation of Article 10. Continue reading

Case Law, New Zealand: Murray v Wishart, Web hosts’ defamation liability restricted – Steven Price

FacebookIn the significant New Zealand Court of Appeal decision in Murray v Wishart ([2014] NZCA 461) the judges unanimously ruled that a third party publisher (the owner of a Facebook page that contained comments by others) was not liable for other people’s comments simply because he “ought to have known” that they contain defamatory material (even if he didn’t actually know of the content of the comments). Continue reading

Australia: Privacy Report, Interview with Barbara McDonald

gazetteThe ALRC report on Serious Invasions of Privacy in the Digital Era surprised no one by recommending an actionable tort of privacy … In this interview with Australian online media law publication, the Gazette of Law and Journalism (“GLJ”), the commissioner for the inquiry, Professor Barbara McDonald, reveals the forces at play and the thinking behind the report’s key features

Continue reading

The Sun’s aggressive, then submissive, response to my complaint on its human rights reporting – Adam Wagner

Sun CorrectionThe Sun have printed another correction today in relation to its misleading human rights reporting. The correction, on page 2, can be read online or to the right of this post.

The correction was the outcome of a complaint I made about this article – I posted on it here. The main part of the correction relates to the entirely false claim that “The European Court stopped a British judge imposing a whole-life tariff on Ian McLoughlin”.  Continue reading

Case Law, Luxembourg: Papasavvas, Civil liability for Internet publishing: the CJEU clarifies the law – Lorna Woods

LUXEMBOURG : Institutions Europeennes + VilleThe CJEU judgment in Papasavvas handed down on 11 September 2014 is the most recent in a line of cases seeking to trace the edges of the concept of ‘intermediary’ for the purposes of EU information technology law, a question that has become rather more problematic than when the eCommerce Directive was first drafted in 2000. Continue reading

Defamation Act 2013: Serious Harm, a win for the press? – Oliver Fetiveau

Oliver FetiveauIt appears that, as a result of the recent decision in Cooke v MGN ([2014] EWHC 2831 (QB)), the Press may be able to escape the financial cost of defamation, and reap the financial reward, simply by issuing an early apology.  This has serious implications for the new press regulatory body, the Independent Press Standards Organisation (“IPSO”), established this week. Continue reading

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