Bad Reputation: how can a claimant’s character affect damages for defamation? – Nathan Capone

25 10 2015

reputationIn the recent Australian case of Benyon v Manthey [2015] QDC 252 the District Court of Queensland awarded damages for defamation to the claimant but held that owing to the claimant’s character and reputation the damage caused by the defamatory statement “would be far less than a person without such a reputation“. Read the rest of this entry »





Six easy ways to tell if that viral story is a hoax – Pete Brown

24 10 2015

HoaxAnd so it begins … ISIS flag among refugees in Germany fighting the police,” blared the headline on the Conservative Post; “with this new leaked picture, everything seems confirmed”. The image in question purported to show a group of Syrian refugees holding ISIS flags and attacking German police officers. Read the rest of this entry »





Case Law, Strasbourg: Koutsoliontos and Pantazis v Greece, Blurring the line between speech and speaker – Joseph Williams

24 10 2015

european_court_of_human_rightsOn 22 September 2015, the First Section of the European Court of Human Rights handed down a judgment in Koutsoliontos and Pantazis v Greece ([2015] ECHR 815)(in French), in response to two applications made against the Hellenic Republic, alleging a violation of Article 10 of the European Convention on Human Rights. The Court ruled that the domestic court’s order of €15,000 to be paid jointly and severally by the defendants, constituted a violation of Article 10. Read the rest of this entry »





Is Cameron surrendering to press power? – Steven Barnett

23 10 2015

National NewspapersTwo years ago, as most of the UK’s national press were furiously denouncing plans for a new model of self-regulation based on the recommendations of the Leveson report, the Guardian’s Martin Kettle wrote a powerful piece about where power lies in British politics. Read the rest of this entry »





Hearing Report, Gulati v MGN, the second day of the Mirror Phone Hacking damages appeal

22 10 2015

Royal Courts of JusticeThe hearing of the second day of the Mirror Phone Hacking damages appeal took place in the Royal Courts of Justice yesterday before Arden, Rafferty and Kitchin LJJ.  In the morning submissions were made by Mr David Sherborne on behalf of the respondents with a short reply in the afternoon by Lord Pannick QC for MGN.  The Court also heard a separate application for permission to appeal in the Yentob case. Read the rest of this entry »





Media feel pressure as divisions widen on the role of journalists in South Africa – Lesley Cowling

22 10 2015

Top balck journalists John Qwelane (R) and Thami Mazwai are sworn in before theTruth and Reconciliation Commission's special hearing on media at the South African Brocasting Corparation (SABC) in Johannesburg September 17. The two accused mainstream English newspapers of colluding with the apartheid state between 1960 and 1994. SAFRICA TRUTH - RTRTYHA

This month marks the 38th anniversary of the clampdown on the press and the Black Consciousness Movement in South Africa. The day is known as Black Wednesday and is also commemorated as National Press Freedom Day.
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Case Law, Strasbourg: Perinçek v Switzerland, Grand Chamber confirms conviction for denying the Armenian genocide as Article 10 violation – Dirk Voorhoof

21 10 2015

fsdgOn 17 December 2013 the European Court of Human Rights had ruled by five votes to two that Switzerland had violated the right to freedom of expression by convicting Doğu Perinçek, chairman of the Turkish Workers’ Party, for publicly denying the existence of the genocide against the Armenian people (see our blogs on Strasbourg Observers and ECHR-Blog, 7 and 8 January 2014). The Grand Chamber has now, on 15 October 2015, in a 128 page judgment, confirmed, by ten votes to seven, the finding of a violation of Article 10 ECHR. Read the rest of this entry »





Hearing Report, Gulati v MGN, the first day of the Mirror Phone Hacking damages appeal

21 10 2015

Royal-Courts-of-JusticeThe Mirror Phone Hacking appeal began yesterday, 20 October 2015, in the Court of Appeal before Arden, Rafferty and Kitchin LJJ.  Most of the day was occupied by the submissions made on behalf of the appellant, MGN Limited, by Lord Pannick QC. Read the rest of this entry »





New Report: UK Election 2015, Setting the Agenda – Martin Moore and Gordon Ramsay

20 10 2015

Election UnspunThe battle to set the agenda during the UK General Election 2015 was fought by all sides through social media and mainstream news outlets. The way that battle played out and the influence of each media source on pulling public attention towards a particular issue is the basis of a new report, “UK Election 2015: Setting the Agenda” [pdf] by Martin Moore and Gordon Ramsay”. Read the rest of this entry »





Case Law, Australia: Benyon v Manthey, Damages award in “naked sushi eating” libel case – Brigit Morris

20 10 2015

Travers BenyonOn 8 October 2015, the District Court of Queensland awarded damages of AUD$25, 000 to the now infamous millionaire playboy, the ‘Candyman’, in Benyon v Manthey [2015] QDC 252. Read the rest of this entry »