In a decision handed down on 15 June 2018 (TLU and others v Secretary of State for the Home Department [2018] EWCA Civ 2217) the Court of Appeal dismissed the Home Office’s appeal against findings of liability for misuse of private information and for breach of the Data Protection Act 1998 (“the 1998 Act”). Continue reading
The International Forum for Responsible Media Blog
Month: June 2018 (Page 2 of 3)
In contrast to the frequent discussion of the European Court of Human Rights jurisprudence establishing that individual reputation falls within the scope of the Article 8 right to ‘private and family life’, the possibility that corporations could claim a Convention right to reputation – under either Art 8 or Article 1 of Protocol 1 (‘A1P1’), the right to property – has not attracted a great deal of attention from commentators. Continue reading
There were two interesting statements in open court in media law cases this week. First, on 12 June 2018 there was a statement [pdf] in the case of Wass QC v Associated Newspapers before Nicklin J. The Mail on Sunday apologised for publishing allegations that prosecuting counsel had “buried evidence” that police officers had been taking bribes. Continue reading
After months of campaigning and meetings, it appears that moves to criminalise “upskirting” – the act of taking secret, sexually intrusive photographs – have stalled. For now. This is disappointing. However, all may not be lost. It is now time for the government to step up – and to eliminate inconsistencies in the treatment of victims of image-based sexual abuse. Continue reading
France’s parliament is debating a law that would give the state the power to censor “fake news”. If the law is passed, the French state will have the powers to ban, through a court order, the publication of any news considered false in run-up period before elections. Continue reading
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n the wake of the BBC drama on the Jeremy Thorpe trial, Geoffrey Robertson QC wrote an illuminating piece about the contempt proceedings brought against the New Statesman for its interview with a Thorpe trial juror, who had explained that the jury felt obliged to acquit once the performance-related payment agreement with Bessell and The Sunday Telegraph had been revealed to them. Continue reading
In its recent judgment in Stomakhin v. Russia, the European Court of Human Rights (ECtHR) launched the message to all domestic authorities to adopt a “cautious approach” in determining the scope of “hate speech” crimes and to avoid “excessive interference” with the right to freedom of expression, especially when action is taken against ‘hate speech’ or extremist opinions that are mere criticism of the government, state institutions and their policies and practices. Continue reading
It is an unfortunate development in our digital society that there is now a tendency to publicly shame and humiliate. Nowhere is this more prevalent than in the breakdown of relationships. It would seem that, to some, revenge is a dish best served online. Continue reading
In XKF v BBC former police officer applied for relief restraining the broadcast by the respondent BBC of an interview of him recorded near his home. Continue reading
The most widely covered media news of the week was the announcement that the Editor of the Daily Mail, Paul Dacre, was stepping down after 26 years and was being appointed Chairman and Editor in Chief of Associated Newspapers Limited. Continue reading
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