The International Forum for Responsible Media Blog

Month: March 2016 (Page 1 of 4)

Case Law: Burrell v Clifford, Costs and Proportionality in low value privacy cases – Iain Wilson

Last month PR guru Max Clifford was ordered to pay the former Royal Butler Paul Burrell £5,000 compensation for the unauthorised disclosure of private information contained within a letter Mr Burrell had sent him.  There is a judgment on liability and quantum (Burrell v Clifford [2016] EWHC 294 (Ch)), although Mr Justice Mann’s earlier decision dismissing Mr Clifford’s strike out application on limitation and triviality grounds (Burrell v Clifford [2015] EWHC 2001 (Ch)) is arguably of wider importance.  This was discussed on the Brett Wilson blog last year. Continue reading

Inforrm: Easter Break

EasterThe Hilary legal term ended on Wednesday 23 March 2016 and the Easter term does not begin until Tuesday 5 April 2016.  The High Court, the Court of Appeal and the Supreme Court are on “vacation” over this period and Inforrm is taking a short Easter break.  We will resume with a weekly round up next Monday. Continue reading

Journalism isn’t dying: there’s even room for optimism about print – George Brock

On Saturday, March 26 the Independent will publish its last edition in print. The Independent on Sunday sold for the last time on March 20. The distinctive El Pais of Madrid has announced that it will take “a step from paper to digital”. The Guardian with a huge online readership, shrinking print sales and sizeable losses plans to shed 250 jobs, of which 100 will be journalists. Continue reading

Case Law, Strasbourg: Pinto Coelho v. Portugal (No.2), Open Justice, Article 10 and Broadcasting recordings of hearings – Hugh Tomlinson QC

18726989_VefAtIn the case of Pinto Coelho v Portugal (No.2) ([2016] ECHR 296)(only in French) the Fourth Section of the Court of Human Rights held (by a 6:1 majority) that the imposition of a fine on a journalist who had published unauthorised audio recordings of a criminal trial was a breach of Article 10.  The case has potentially wide implications for jurisdictions such as England and Wales which continue to prohibit the transmission of recordings of criminal trials. Continue reading

Data protection through the lens of competition law: will Germany lead the way? – Inge Graef and Brendan Van Alsenoy

germany-1177268_1920_fullOn 2 March 2016, the Bundeskartellamt, the German competition authority announced its decision to initiate proceedings against Facebook on suspicion that the social network provider had abused its dominant position by infringing data protection rules.  This case represents the first attempt by a European competition authority to integrate data protection interests into competition analysis, and raises interesting questions about the interface between these two areas of law. Continue reading

Case Law, Strasbourg: Kahn v Germany, Article 8 not violated by repeated publications of photographs of footballer’s children – Calypso Blaj

Oliver KahnIn the case of Kahn v Germany ([2016] ECHR 276), the Court of Human Rights, Fifth Section, held that the repeated publication of photographs by two German magazines (Neue Woche and Viel Spass) of a sportsman’s children despite a court order banning such conduct, did not constitute a violation of the applicants’ Article 8 rights. Continue reading

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