This is the last in our series of “Summary Round Ups” covering media and law developments during the Summer Legal Vacation. This covers matters since our Round Up of 11 September 2017.
The long awaited judgment in Lachaux v Independent Print ( EWCA Civ 1334) was handed down on Tuesday 12 September 2017. There is have been a number of published comments on this case including:
- 5RB Case Comment
- One Brick Court Case Comment
- Business as usual? The Court of Appeal considers the threshold for bringing a libel claim in Lachaux v Independent Print Ltd – Iain Wilson and Tom Double
- Lachaux, Seriously limiting serious harm – Nicola Cain
- Court of Appeal clarifies serious harm test in Lachaux libel judgment – Ashley Hurst and Alexander Vakil.
- Court of Appeal sets the bar for serious harm in libel claims -Nathan Capone
On the same day it was announced that media law specialist Matthew Nicklin QC is to be appointed a High Court Judge.
The Data Protection Bill [pdf] was published on 14 September 2017. We had a post on the proposed new journalism exemption. The bill was discussed in the Law Society Gazette and on the BBC website. Digital Minister Matt Hancock suggested that the bill was “liberal not libertarian”.
The Spanish Data Protection authority has fined Facebook €1.2 million for collecting personal data without informing them of how it was to be used.
Media Law in Other Jurisdictions
Actor Rebel Wilson has been awarded a total of Aus$4,567,472 in defamation damages against Bauer Media Pty Ltd and Bauer Media Australia Pty Ltd. We had a post about the judgment which received extensive media coverage with the Guardian commenting that the case was a “game-changer for gossip magazines“.
A teacher is suing Facebook over postings alleging a failure to safeguard pupils at a Belfast second school.
Trinidad and Tobago
It is reported that the CEO of A&V Oil and Gas Ltd, Hanif Nazim Baksh, is suing the leader of the opposition, Kamla Persad-Bissessar, for libel.
Research and Resources
- Reputation Protection on Online Rating Sites, Anne S. Y. Cheung and Wolfgang Schulz, The University of Hong Kong – Faculty of Law and Hans-Bredow-Institute for Media Research.
- Freedom of Speech and the Criminal Law, Boston University Law Review, Vol. 97, 2017, University of Georgia School of Law Legal Studies Research Paper No. 2017-27, Dan T. Coenen, University of Georgia Law School.
- Internet Gatekeepers as Editors – The Case of Online Comments, András Koltay, Peter Pazmany Catholic University.
- Privacy and Outrage, Case Western Reserve Journal of Law, Technology & the Internet, Forthcoming, Jordan M. Blanke, Mercer University – Eugene W. Stetson School of Business and Economics.
- On the Infringement upon Natural Persons’ Data Protection Rights by Natural Persons — An EU-Centred Analysis, Céline Castets-Renard, Kévin Huguenin, Mathias Humbert and Thibault Brunel, Institut Universitaire de France, University of Lausanne (UNIL) – HEC Lausanne, Swiss Federal Institute of Technology Zurich and University Toulouse I, Faculty of Law, Students.
- Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation, UC Davis Law Review, (2018 Forthcoming), Jack M. Balkin, Yale University – Law School.
- Bridge Over Troubled Water: An Emerging Right to Access to the Internet, International Review of Law: Vol. 2017 1, 7, Qerim R. Qerimi, University of Prishtina.
- Disentangling the Right of Publicity, Northwestern University Law Review, Vol. 111, No. 4, 2017, Eric E. Johnson, University of North Dakota School of Law.
- Internet Intermediaries and Article 10 of the European Convention on Human Rights: The New Subjects of Media Freedom, András Koltay, Peter Pazmany Catholic University