The International Forum for Responsible Media Blog

Month: September 2020 (Page 2 of 2)

And you thought that the Johnny Depp and Amanda Heard relationship was toxic … why the press needs a superhero (just not Captain Jack Sparrow) – Peter Coe

In deciding what to write about for this post I was not short of topics and material. I could have talked about how the Court of Justice of the European Union has, in one fell swoop, caused a headache of Captain Jack Sparrow-hangover proportions (more on him in a moment) for many businesses around Europe by invalidating the EU-US Privacy Shield. Continue reading

Case Law: Fearn v Board of Trustees of the Tate Gallery, A Lost Opportunity for the Protection of Physical Privacy? – Aidan Economou

Last year, the High Court decision in Fearn v Board of Trustees of the Tate Gallery ([2019] EWHC 246 (Ch)) bolstered common law privacy protections as Mann J acknowledged that invasions of domestic privacy could support an action in private nuisance. The Court of Appeal has now reversed this development and reasserted that overlooking cannot constitute an actionable nuisance ([2020] EWCA Civ 104). This case brief summarises the two judgments, discusses errors in the appellate decision and suggests that Mann J’s extension should have been retained. Continue reading

Case Law, Strasbourg: Marina v. Romania, Irony in Court, balancing Articles 8 and 10 – Alberto Godioli

Due to its inherent link with elusiveness and ambiguity, humour makes it particularly difficult to draw a line between lawful and unlawful expression. The task of assessing the harm in a joke is notoriously complicated by strategies such as exaggeration, distortion or irony, which are typical of humorous expression in its various forms (from satire to parody). Continue reading

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