The International Forum for Responsible Media Blog

Month: December 2017 (Page 2 of 3)

United States: Supreme Court considers privacy rights in the digital age – Oliver Persey

On Wednesday 29 November 2017, the Supreme Court of the United States (“the Court”) heard oral argument in Carpenter v. the United States. The issue in Carpenter is whether a warrantless seizure and search of records showing the location of a person’s mobile phone (Cell-Site Location Information – CSLI) over the course of 5 months is permitted by the Fourth Amendment of the United States Constitution. Continue reading

Case Law, Strasbourg: MAC TV v Slovakia, Defamation of the dead, searching for clarity – Jonathan McCully

On 28 November 2017, in MAC TV v. Slovakia, the European Court of Human Rights (European Court) found a violation of the right to freedom of expression under Article 10 of the Convention where the Broadcasting Council of Slovakia had fined a television programme for showing a lack of respect to the dignity of the President of Poland following his death in a tragic plane accident. Continue reading

Case Law, Strasbourg: Standard Verlagsgesellschaft mbH v Austria, Narrow approach to “value judgments” leads to rejection of Article 10 application – Emma Foubister

In Standard Verlagsgesellschaft mbH (No.2) v Austria [2017] ECHR 1040,  the Fifth Section of the European Court of Human Rights (“the Court”) held that ordering a newspaper to pay compensation to a politician falsely accused of being the spiritus rector (guiding spirit) of a spying operation did not violate Article 10 of the European Convention on Human Rights (“the Convention”). Continue reading

Google’s End Run on the Canadian Supreme Court’s De-Indexing Order: Strengthening Arguments for Site Blocking – Hugh Stephens

Google has successfully convinced a judge in the tech industry-friendly US District Court of Northern California (covering Silicon Valley naturally) to issue a temporary injunction nullifying the enforceability in the United States of an order from a Canadian provincial court in British Columbia (BC), upheld on appeal to the Supreme Court of Canada (SCC), to delist from its global search results all references to Datalink Technologies Gateways and its counterfeit product, an internet router called the GW1000. Continue reading

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