The International Forum for Responsible Media Blog

Month: July 2023 (Page 1 of 3)

Case Law: Dyson v Channel 4, Court of Appeal grants claimants’ appeal on reference – Helena Shipman

Dyson-Brand-1.jpgIn a judgment handed down on 27 June 2023 ([2023] EWCA Civ 884) the Court of Appeal upheld an appeal by Dyson Technology Limited and Dyson Limited (“the Appellants”) against the decision of Nicklin J on 31 October 2022 ([2022] EWHC 2718 (KB)) that based solely on intrinsic evidence, they were not referred to in the Channel 4 broadcast that was the subject of their libel claim. The appeal raised the issue as to the test which the court should apply to decide whether an defamatory statement has referred to a person, so that they have the right to sue. Continue reading

Case Law, Strasbourg: Hurbain v Belgium, Grand Chamber upholds decision that order anonymising newspaper archive did not violate Article 10 – Hugh Tomlinson KC

On 4 July 2023, in the case of Hurbain v Belgium (App No 57292) the Grand Chamber of the European Court of Human Rights upheld (by 12 votes to 5) the decision of the Third Section that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading

Court of Appeal overturns decision of High Court judge to refuse to accept undertakings in harassment claim – Iain Wilson and Adham Harker

Brett Wilson previously published a press release on behalf of Dr Erica Smith following the outcome of her harassment and privacy claim against former colleague and UCL academic Dr Christopher Backhouse.  The claim concerned a sustained campaign of online harassment, which included the creation of Twitter accounts impersonating Dr Smith and offering sexual services to the public. Continue reading

How can we make the internet safe for children in practice? – Sonia Livingstone

Children's rights apply in the digital world! | Media@LSEOne in three children uses the internet, and one in three internet users is a child. Yet tech companies claim to be unable to determine who is a child online. This is a practical but also a political challenge – does society want to task companies with age-assessing all their users? Or is that too great a risk to the privacy and freedom of expression of both adults and children? Continue reading

BBC presenter scandal: the law around exchanging sexually explicit images – Kirsty Welsh

The developing scandal surrounding allegations that a BBC presenter paid a 17-year-old for explicit images is full of questions – the identity of the presenter (who remains unnamed in the media), the age of the young person when the alleged explicit images were taken, and of course, whether the allegations are true and can be proved to be true. What is known, however, is UK law when it comes to the exchange of sexually explicit material involving young people. Continue reading

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