The International Forum for Responsible Media Blog

Month: September 2016 (Page 1 of 3)

Case Law: Bukovsky v CPS, Soviet dissident fails in trial of meaning against CPS – Max Campbell

_82597606_vladimirbukovskyIn Bukovsky v Crown Prosecution Service ([2016] EWHC 1926 (QB)), a Soviet dissident resident in England, was suing the Crown Prosecution Service (‘CPS’), the principal public prosecuting authority in England and Wales, for libel, misfeasance in public office, and breach of the Human Rights Act concerning a press release announcing that he was to be prosecuted for a number of criminal offences.  The action came before Warby J for a preliminary trial as to the meaning of the words complained of. Continue reading

Ireland: Reform of the law of defamation – the defence of innocent publication (Muwema v Facebook part 2) – Eoin O’Dell

innocent_moonlit_night_1929_by_harue_kogaThe decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) demonstrates that, on the question of the liability of internet intermediaries for defamatory posts on their platforms, an important part of the answer is provided by application of the defence of innocent publication provided in section 27 of the Defamation Act 2009 (also here). Continue reading

Case Law: Economou v de Freitas, Is it interesting? New judgment considers the scope of the ‘public interest’ defence – Oliver Lock

EconomouThe case of Economou v de Freitas ([2016] EWHC 1853 (QB)) was the first case to substantively consider in detail the new “public interest” defence since the Defamation Act 2013 came into force, clarifying that the Court will place a great deal of weight on whether the Defendant “reasonably believed” the publication was in the public interest and not just on whether it was a general matter of public interest. Continue reading

Ireland: Internet defamation and the liability of intermediaries (Muwema v Facebook Part 1) – Eoin O’Dell

uganda-facebook-ireland-300x284The liability of internet intermediaries for defamatory posts on their platforms was central to the decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016). A Ugandan lawyer objected to allegedly defamatory posts on a pseudonymous Facebook account, and Binchy J gave an order requiring Facebook to identify the account-holder. Continue reading

Does Theresa May really want an independent BBC? The jury’s out – Steven Barnett

rona-fairheadThere are two ways of looking at Theresa May’s decision to reverse Rona Fairhead’s appointment as BBC chair, thereby effectively dismissing her. The first is benign, reflecting a genuine impatience with David Cameron’s decision to allow Fairhead to move across from the BBC Trust to the new Unitary Board, which will come into effect early next year. Continue reading

Mazher Mahmood Trial: Day 1, Prosecution opens case but defence queries police account – James Doleman

jamesdoleman_dvdlpp9-jpg-600x600_q85After two days of legal argument on 21 September 2016 the prosecution opened their case against News International journalist Mazher Mahmood calling him “the master of deceit.”

Sarah Forshaw QC, the lead prosecution barrister, told the jury that the case stemmed from a 2013 investigation by Mahmood on behalf of the Sun on Sunday targeting singer and former X-Factor presenter Tulisa Contostavlos. Continue reading

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