Book review: Online Publication Claims: A Practical Guide – Judith Gibson

30 11 2017

Just how useful is the recent UK book Online Publication Claims: A Practical Guide? NSW District Court Defamation List Judge Judith Gibson examines the detail and finds much to recommend, just in time for Christmas, and beyond.

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IPSO, Trevor Kavanagh and a licence to abuse minorities – Brian Cathcart

29 11 2017

However low our opinion of IPSO may be, we have to accept that some of those who have supported it, engaged with it and even worked for it have done so for sincere and honest reasons. The time has come to feel sorry for them, because they have been utterly humiliated. Read the rest of this entry »





Hacked Off: IPSO’s Sham Arbitration Scheme

29 11 2017

IPSO has announced what it falsely claims to be a new “Leveson-style” arbitration scheme in its latest attempt to mislead the public into believing that it is implementing the recommendations of the Leveson Report and providing access to justice to members of the public.  Read the rest of this entry »





Data Protection Bill: The future of the journalistic exemption – James Theaker

28 11 2017

The House of Lords has now finished its Committee stage review of the Data Protection Bill (“DPB”). The DPB will, once enacted, repeal the Data Protection Act 1998 (“DPA”) and generally overhaul the UK’s data protection regime. It is intended to be supplementary to the GDPR from May 2018, and the provisions of the GDPR which will be retained in domestic law by virtue of the European Union (Withdrawal) bill from March 2019. Read the rest of this entry »





Law and Media Round Up – 27 November 2017

27 11 2017

The Guardian has reported that Sir Brian Leveson has been asked to advise on the holding of the second part of his inquiry into the Culture, Practices and Ethics of the Press.  He is being consulted on the question as to whether to press ahead with the second part of the inquiry, investigating corporate malpractice and the relationship between the media and the police.  Read the rest of this entry »





Online Publication Claims: Takedown and Complaint Form Links – Guy Vassall-Adams QC and Hugh Tomlinson QC

24 11 2017

One of the issues lawyers often get asked by their clients is what steps they can take to get unlawful or offensive content removed from the internet without having to bring legal proceedings. The major providers of information society services all provide takedown and complaint forms so that issues can be raised about unlawful material which is published or made available by them. Read the rest of this entry »





United States: Companies need confidentiality clauses, but not to muzzle sexual abuse victims – Elizabeth C. Tippett

23 11 2017

File 20171121 6016 1jw9l6g.jpg?ixlib=rb 1.1Harassment and abuse accusations against Harvey Weinstein and other prominent men, like Bill O’Reilly, have revealed a trail of settlement agreements in their wake, many of which contained language that prevented victims from speaking publicly. Read the rest of this entry »





Are we asking too much from defamation law? Reputation systems, ADR, Industry Regulation and other Extra-Judicial Possibilities for Protecting Reputation in the Internet Age: Proposal for Reform – Emily Laidlaw

22 11 2017

In an earlier post, Hilary Young and I outlined our proposal to the Law Commission of Ontario (LCO) for reform of intermediary liability and the meaning of publication in defamation law. Read the rest of this entry »





Legal bloggers reporting the family courts: a level playing field? – Lucy Reed

21 11 2017

In August THAT Muslim foster carer story hit the press (‘Christian child forced into foster care’, The Times, 28 August 2017). The Times journalist Andrew Norfolk, lauded for his expose of the Rotherham child sexual abuse scandal, was the subject of trenchant criticism for what was widely perceived as anti-Islamic coverage of a case involving a white Christian child placed with (it was said) Muslim foster carers who did not speak English and who withheld a crucifix and spaghetti carbonara from the child. Read the rest of this entry »





Law and Media Round Up – 20 November 2017

20 11 2017

The libel claim brought Hope not Hate against Nigel Farage settled this week – ahead of a hearing to deal with “serious harm” and “defamatory tendency”.  Mr Farage gave a contractual undertaking not to publish any allegation that Hope not Hate pretends to be peaceful when it in fact uses violent and undemocratic means to achieve its ends.  Read the rest of this entry »