The International Forum for Responsible Media Blog

Month: March 2022 (Page 1 of 3)

Law and Media Round Up – 28 March 2022

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

Anonymisation in civil proceedings – Adham Harker

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

Online safety bill: ambiguous definitions of harm could threaten freedom of speech instead of protecting it – Laura Higson-Bliss

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

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