The Government has issued a “Call for Evidence [pdf]” in relation to “Strategic Lawsuits Against Publication Participation” (SLAPPS). Even before the evidence is in the Government appears to have made up its mind, announcing in advance “Government clampdown on the abuse of British courts to protect free speech“. Continue reading
The International Forum for Responsible Media Blog
Month: March 2022 (Page 1 of 3)
The Online Safety Bill [pdf] (OSB) is a gorilla of a thing, comprising 213 pages, plus explanatory notes, impact assessment and human rights statement. It will take a while for people to understand how the regime introduced by the OSB is likely to work. Continue reading
There was a substantial increase in the number of new claims issued in the Media and Communications List of the Queen’s Bench Division (“the M&C List”) in 2021. A total of 564 new claims were issued, a 50% increase on the number of claims issued in 2020 (373). For the first time, over 50% of all new claims were in data protection. Continue reading
In the managed phone hacking litigation, the managing judge, Fancourt J, dismissed an application by News Group Newspapers, to bring the managed litigation to an end. The Judge noted that new claimants were still learning of potential claims. The court heard that there are currently 52 claims registered, with a further 38 claims at the pre-action letter stage and 82 more “in the pipeline”. Continue reading
South Africa: Defamation and vindication, the Supreme Court of Appeal’s flawed approach – Dario Milo
In the past year or so, the Supreme Court of Appeal (SCA) handed down judgment in two defamation appeals that have an impact on how plaintiffs obtain remedies to vindicate their reputation. Both of these cases were appeals from defamation cases brought through the procedure of an application or motion (where evidence is given through affidavits) as opposed to the procedure of a trial (where evidence is given through oral evidence). Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
There has long been a tension between the principles of open justice and the desire of parties litigating sensitive matters to keep their identity, parts of the litigation, or even the fact of the litigation itself, private. The default position for almost all civil litigation is that (i) parties are named in proceedings, (ii) non-parties (i.e. members of the public) can obtain copies of core documents from the court, and (iii) hearings are conducted in ‘open’ court (i.e. the public may observe). Continue reading
The UK government’s much anticipated online safety bill has now been released. The bill seeks to impose a duty of care on companies, such as social media platforms, to remove illegal content, and in some cases, “legal but harmful” content, quickly. Failure to comply will result in heavy fines or, in extreme circumstances, company executives facing prosecution. Yet what is considered “legal but harmful” content remains unclear. Continue reading
As part of our annual review of defamation law in the jurisdiction, we examine two notable reported judgments from 2021 and, as the Northern Ireland Assembly’s legislative programme reaches the final stages, the nature of the reforms proposed by the Defamation Bill. Continue reading
The UK Government has published a “call for evidence [pdf]” in relation to so-called “Strategic Lawsuits against Public Participation (SLAPPs). SLAPPs are characterised as “an abuse of the legal process, where the primary objective is to harass, intimidate and financially and psychologically exhaust one’s opponent via improper means”. Continue reading
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