A few months after the now infamous judgment of the Grand Chamber of the European Court of Human Rights (ECtHR) in Delfi v Estonia (for background, see my earlier post here), the Fourth Section of the Court issued on 2 February 2016 a judgment (MTE v Hungary) dealing with similar issues. Continue reading
The International Forum for Responsible Media Blog
Month: February 2016 (Page 4 of 5)
The latest polls are telling us that the British public are moving in droves to the Brexit camp: YouGov has found that 45% would vote to leave the EU against 36% who would vote to stay while 19% declared themselves as “don’t knows”. As The (eurosceptic) Times put it: “Excluding the ‘don’t knows’, this means 56% want to leave while 44% want to remain.” Continue reading
Before Christmas, the Attorney-General called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice. Putting her money where her mouth is, she has now referred the matter to the Law Reform Commission (Irish Legal News |Irish Times). Continue reading
Although it is more than 10 years since the Metropolitan Police began “Operation Caryatid” [pdf] and 5 years since the commencement of Operation Weeting phone hacking is still in the news. Continue reading
At the end of January 2016 it was widely reported that a “Muslim leader” was suing Donald Trump for £10 million over his claims that areas of London were “no go” areas for the police. Continue reading
On 2 February 2016, the Fourth Section of European Court of Human Rights handed down its judgment on intermediary liability in Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary (Application No. 22947/13)([2016] ECHR 135). The judgment attempts to clarify the Grand Chamber’s findings in Delfi v. Estonia, whilst distinguishing that case on the basis that it involved “clearly unlawful speech” amounting to hate speech and incitement to violence. However, did the Court go far enough to protect free speech online? Continue reading
In a trial which took place in July 2015 Warby J found that the reputation of a foreign national living overseas had suffered “serious harm” as a result of the publication by the Huffington Post of a third party blog on its website about a marital dispute between the claimant and his ex-wife ([2015] EWHC 2242 (QB)). By that decision the High Court elucidated some general principles about how section 1 of the Defamation Act 2013 should be applied in the preliminary stages of a defamation claim. Continue reading
In a judgment delivered at the High Court today in the case of Miller v Associated Newspapers, Mr Justice Mitting rejected a Human Rights Act challenge to recoverable success fees and ATE insurance premiums brought by the Daily Mail. However, he granted a certificate for a “leapfrog” appeal direct to the Supreme Court. Continue reading
The decision in Barbulescu v Romania, in the European Court of Human Rights (“ECtHR”), has attracted much press interest. It has been widely reported as granting employers a right to snoop on their employee’s online life. Let us ignore the actual facts for a moment (as most newspapers have done). Continue reading
On 21 January 2016, in Doe 464533 v. ND (2016 ONSC 541) the Ontario Superior Court of Justice recognized, for the first time in Canada, the privacy tort of “publication of embarrassing private facts”. Continue reading
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