Australians believe statutory protections against offensive behaviour because of race, colour or national or ethnic origin should stay – Andrew Jakubowicz, Kevin Dunn and Rachel Sharples

28 02 2017

racismWhile debate over the merits of Section 18C of the Racial Discrimination Act continues to rage, new research shows that an overwhelming majority of Australians support legislation that prevents insults on the basis of race, culture or religion. The ConversationWe found that just 10% of Australians believe people should have the freedom to “insult” and “offend” people on the basis of race, culture or religion. Over 75% are opposed. Read the rest of this entry »





Data Protection: Pre-publication claims and section 32(4), the case for disapplication – Hugh Tomlinson QC

28 02 2017

privacySection 32 of the Data Protection Act 1998 (“the DPA”) contains a curious provision apparently designed to prevent “pre-publication” claims where unpublished journalistic, literary or artistic material is involved.  There is no basis for this provision in the Data Protection Directive  (“the Directive”) and it appears to be inconsistent with the EU Charter of Fundamental Rights and a clear candidate for disapplication. Read the rest of this entry »





News: Mr Justice Warby to take charge of new QB “Media and Communications List”

27 02 2017

Mark WarbyIt has been announced that Mr Justice Warby will take charge of a new list within the Queen’s Bench Division of the High Court, to be known as the “Media and Communications List”. Read the rest of this entry »





Law and Media Round Up – 27 February 2017

27 02 2017

weekly-roundup-400x200On Monday and Tuesday 27 and 28 February 2017, Warby J will hear the much anticipated trial in the case of Jack Monroe v Katie Hopkins.  We had a case preview.   Read the rest of this entry »





How advertising fuels fake news – Damian Tambini

26 02 2017

la-fi-tn-fake-news-ad-economy-20161208One of the questions in the UK Parliament’s inquiry into “fake news” asks: “Have changes in the selling and placing of advertising encouraged the growth of fake news, for example by making it profitable to use fake news to attract more hits to websites, and thus more income from advertisers?” Read the rest of this entry »





Culture Media and Sport Select Committee unanimously defies the corporate press on regulation – Brian Cathcart

25 02 2017

You may be forgiven if it escaped your notice (because once again the corporate press either ignored or misrepresented it), but last week an event of potentially fundamental importance took place in the long dispute over press regulation in this country. Read the rest of this entry »





Case Preview: Jack Monroe v Katie Hopkins, Twitter libel trial about meaning and serious harm

24 02 2017

monroe-hopkinsThe most high profile libel trial of the term begins on Monday 27 February 2017 before Mr Justice Warby and is listed for 2 days. The case of Jack Monroe v Katie Hopkins concerns a tweet by the defendant, MailOnline columnist, Katie Hopkins about the claimant, food writer Jack Monroe, sent on 18 May 2015.  Read the rest of this entry »





Case Law: Dawson-Damer v Taylor Wessing, Subject access requests: Court of Appeal bolsters right to disclosure of data – Ashley Hurst and Peter Barratt

24 02 2017

data-protectionOn 16 February 2017, the Court of Appeal handed down judgment in one of its hotly anticipated forays into data protection law. The decision in Dawson-Damer v Taylor Wessing LLP ([2017] EWCA Civ 74) reverses a decision by the High Court that the law firm Taylor Wessing had not breached the Data Protection Act 1998 (DPA) by refusing to carry out searches on grounds of proportionality, legal privilege and improper purpose. Read the rest of this entry »





Richard Nixon’s authoritarian loathing of the media lives on in Donald Trump – Randall J. Stephens

23 02 2017

When things go wrong for the president, his administration in crisis mode and his approval rating down to a weekly average of 41%, he turns to the press, anger in his eyes. He pleads, cajoles, or mocks. That could describe either Donald J. Trump or Richard M. Nixon. Two men who needed the media and courted its favour, but who can’t and couldn’t resist denouncing and vilifying it in the harshest terms. Read the rest of this entry »





Case Law, Strasbourg: Rubio Dosamantes v Spain, TV discussions of singer’s sexuality and relationship breached Article 8 – Hugh Tomlinson QC

22 02 2017

The Court of Human Rights has held that the fact that singer was well known to the public and been the subject of well publicised rumours about her sexuality did not justify the broadcast of interviews about her relationships and sexuality. In the case of Rubio Dosamantes v Spain (Judgment of 21 February 2017)(in French only) the Third Section held that the dismissal of the applicant’s domestic claims was a breach of her Article 8 rights. Read the rest of this entry »