Why Google is now so fundamental to Professional Reputation – Digitalis

23 06 2015

google-sign-9-e1358333567693We all use search engines on a daily basis and Google et al appear to be coming under increasing fire from all sides in terms of the content they return in their listings for people and businesses. Libel claimants assume the world has seen the defamatory accusations of their opponents online, often through Google, but quantifying the impact – generically or specifically – has often been difficult. Read the rest of this entry »





Law and Media Round Up – 22 June 2015

22 06 2015

weekly-news-roundup4The most important decision of the week was that of the Grand Chamber of the European Court of Human Rights on 16 June 2015 in the case of Delfi AS v Estonia in relation to the liability of an online news portal for offensive reader comments. Read the rest of this entry »





Tabloids, Killers and the Interests of the Public – James Doleman

21 06 2015

jamesdoleman_Sij34JULast week’s revelations at the trial of Neil Wallis that the now defunct News of the world tasked one of their journalists to become a prison officer so as to gather information on a child-murderer may have shocked many but was no huge surprise to those who have observed the many recent trials relating to alleged corruption in the tabloid press. Read the rest of this entry »





United States: “Outrage Tort” Privacy and the Geek Squad – Susan Brenner

20 06 2015

Tuscaloosa_Federal_Courthouse,_Tuscaloosa_(Tuscaloosa_County_,_Alabama)This post examines an opinion in which a U.S. District Court Judge ruled on cross-motions for summary judgment filed, respectively, by the plaintiff who brought the lawsuit and by the defendant:  March v. Best Buy Stores, Inc., 2015 WL 3467036 (U.S. District Court for the Northern District of Alabama 2015). Read the rest of this entry »





Case Law, Strasbourg: Delfi AS v. Estonia, Grand Chamber confirms liability of online news portal for offensive comments posted by its readers – Dirk Voorhoof

19 06 2015

delfiOn 16 June 2015 the Grand Chamber of the European Court of Human Rights has delivered the long awaited final judgment in the case of Delfi AS v. Estonia, deciding on the liability of an online news portal for the offensive comments posted by its readers below one of its online news articles. Read the rest of this entry »





Case Law: BBC v Roden, Open justice, anonymity and the protection of reputation – Hugh Tomlinson QC

18 06 2015

BBCIn the case of BBC v Roden ([2015] UKEAT 0385_14_1205) Simler J sitting as the Employment Appeal Tribunal overturned a remarkable anonymity order which had been made at the conclusion of Employment Tribunal proceedings to protect the reputation of a claimant who had misled his employers and reaffirmed the importance of open justice. Read the rest of this entry »





Proving “Serious Harm” under the Defamation Act 2013: The “Serious Harm Report” – Dave King

17 06 2015

reputation_iconThe result of section 1 of the Defamation Act 2013 is that a claimant in a defamation case must now establish that a publication “has caused or is likely to cause” serious harm to his or her reputation.  A common law damage was presumed and the proof of the existence of serious harm is potentially a difficult hurdle for a claimant to overcome.  The standard defendant response to a letter before action now usually involves a demand that the claimant identifies evidence of serious harm. Read the rest of this entry »





Google Spain: French Data Protection Authority Orders Google to delist on all domain names

16 06 2015

cnilThe French data protection authority, the CNIL, has ordered Google to de-list links under the Google Spain procedure, on all domain names worldwide, including google.com. Read the rest of this entry »





Law and Media Round Up – 15 June 2015

15 06 2015

New Round UpThe trial of former News of the World deputy editor Neil Wallis began at the Central Criminal Court this week.  He is accused of conspiracy to hack voicemail messages in what may be the last Operation Elveden trial. Read the rest of this entry »





Case Law, Australia: Gabriella Piscioneri v Anthony Brisciani, Online discussion forum defamation damages of $82,000 – Alexi Polden

14 06 2015

gazetteIn the case of Piscioneri v Brisciani ([2015] ACTSC 106), the Australian Capital Territory Supreme Court found that the owner and administrator of online forumZGeek is liable for discussion on it, and awarded $82,000 damages to a lawyer defamed on the site. Read the rest of this entry »