The International Forum for Responsible Media Blog

Month: February 2017 (Page 1 of 5)

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

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. Continue reading

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

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Act 1998 (“the DPA”) contains a curious provision apparently designed to prevent “pre-publication” claims where unpublished journalistic, literary or artistic material is involved.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. Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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