The common law has long protected reputation very highly. The principal means by which it has done this is the tort of defamation. Justice Hallett in Foaminol Laboratories Ltd v British Artid Plastics Ltd ([1941] 2 All ER 393) famously remarked that “a claim for mere loss of reputation is the proper subject of an action for defamation and cannot ordinarily be sustained by means of any other form of action”. Continue reading
The International Forum for Responsible Media Blog
Month: August 2018 (Page 2 of 3)
Statistically, most people charged with criminal offences are guilty as charged. In fact, the vast majority either plead ‘guilty’ of their own volition, or are found guilty at trial and are sentenced. Quite apart from the sentencing, there are rules about how long those convictions remain ‘live’ (meaning they must be disclosed to potential employers). Continue reading
Sunil Pahuja migrated to Australia at 27, did a Masters in accounting and developed a business installing solar panels. He knew many people in the Indian community and was to become the perfect example of a person who was in the wrong place at the wrong time. Continue reading
The interim defamation injunction has long been considered a rare breed; indeed it has been 127 years since the common law rule in Bonnard v Perryman [1891] 2 Ch 269 was first established, preventing claimants from obtaining interim libel injunctions in all but the most exceptional circumstances. Continue reading
The Ministry of Justice is consulting on proposed changes to CPR Part 39 “Miscellaneous Provisions relating to Hearings”. The consultation opened on 12 July 2018 and closes on 23 August 2018. Responses can be by completion of an Online Survey. Continue reading
The 2017-2018 legal year in England and Wales ended last week. The Inforrm blog is now taking a summer break until the end of September. We thank all our readers and contributors who have supported us over the past year. Posting will continue over the summer but will not be as regular as usual. Continue reading
It’s pretty rare for the report of a minor parliamentary committee to generate such a buzz but perhaps less surprising when the topic is ‘fake news’ and the main villain of the piece is one of the world’s most valuable – and controversial – companies, Facebook. Continue reading
In recent weeks, a number of quite astounding articles have appeared in the British press. These have included among others, a Times column opining the benefit to Britain in the current climate of having a political leader like Donald Trump, Vladimir Putin or Recep Tayyip Erdoğan; referred to as “strongmen”. In the Daily Telegraph, a similarly toned piece contemplated the reinstatement of the death penalty after Brexit. Continue reading
Unfortunately the Fake News report was leaked by Dominic Cummings in a cynical attempt to personalise, delegitimise, and thus derail an important policy discussion. What Cummings does not relate in his blog is that the report is highly critical of him personally. Cummings is being investigated by the Parliamentary authorities for refusing to appear before the committee and his protests should be seen in this light. Continue reading
This critique follows on from my previous post, in which I responded to Paul Wragg’s criticism of the manner in which the judge in Richard v BBC dealt with the first stage of the claim – whether Richard had a “reasonable expectation of privacy” in respect of the information broadcast about him. Continue reading
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