So here we are, the English Court of Appeal, as it has been explained by Alison Knight in her post, has recently held in the Google v Vidal-Hall case, among other things, that there was a serious issue to be tried that Browser-Generated Information (“BGI”) is personal data under the Data Protection Act 1998 (“DPA”), which strictly does not mean that BGI is personal data but it transpires from the decision – concerning an application to serve outside jurisdiction – that the judge could be convinced by such an idea at full trial. Continue reading
The International Forum for Responsible Media Blog
Month: April 2015 (Page 4 of 5)
Figures in a new poll reveal that there is overwhelming public support for action to confront the unaccountable power of media proprietors in the UK. 74 per cent believe that, in order to own a UK newspaper, radio station or TV channel, companies should be based in the UK and pay full UK tax while 61 per cent are in favour of compulsory rules (such as independent editorial boards) in order to limit the influence of owners over editorial output. Continue reading
In March 2015, the English Court of Appeal ruled that three individuals may bring claims against Google for misuse of their private information and breach of the UK’s Data Protection Act 1998 (DPA). Although this decision only arose because of the need to serve a claim form in the US outside English jurisdiction, it addresses a considerable number of contentious questions surrounding online behavioural advertising and the scope of UK data protection rules and other areas of English law related to the protection of online users’ privacy interests. Continue reading
Last week, the South African Supreme Court of Appeal (SCA) handed down its decision ( [2015] ZASCA 58) in the appeal by the City of Cape Town against a Western Cape High Court decision which had dramatically undermined the principle of open justice. Continue reading
In the case of Jneid v Western Australian Newspapers ([2015] WASC 68) the Western Australia Supreme Court found that the front page of The West Australian newspaper displayed in a glass box, is a separate act of publication for the purposes of maintaining a defamation claim. The court also found it was capable of conveying an imputation without reference to a story in the body of the paper. Continue reading
The Inforrm blog is taking a break from regular posting over Easter. The Senior Courts (High Court, Court of Appeal and Supreme Court) are closed until 14 April 2014, when the short Easter Legal Term will begin. Continue reading
A front-page lead (‘Lib Dems seek US-style first amendment‘) and on the same day a leading article (‘Press attacks on Labour are not new. . .‘): in this election the media themselves are clearly part of the debate. Continue reading
So everyone knows it, Google is polymorphous. It has experienced many different forms: mere facilitator, publisher, hosting provider, caching provider… The latest legal label stuck on its mutant forehead is that of “data controller” and this has been done quite “noisily” by the Court of Justice of the European Union (CJEU) in its Google Spain “Costeja” judgment of 13 May 2014 (at least by listening to the numerous reactions that this judgement has triggered). Continue reading
The Crown Prosecution Service (CPS) decision not to seek a re-trial in the case of a former News of the World journalist, whose conviction was quashed by the Court of Appeal comes as no surprise. The reporter concerned, who cannot be named for legal reasons, had already served the relevant part of their sentence, home detention. So any further trial would seem to be rather pointless. Continue reading
On 24 March 2015, the Supreme Court of India ruled on the constitutionality of various provisions in India’s Information Technology Act 2000 in Shreya Singhal v Union of India W.P. (Crim.) No 167 of 2012. Most notably, the Supreme Court held that India’s law on offensive communications was unconstitutional as it was liable to be used in a way that would unnecessarily curb freedom of speech and expression. Continue reading
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