Today is the last day of the Trinity Legal Term and the end of the legal year. The Michaelmas Term will begin on 2 October 2023. This is the last weekly round up of the legal year. The next round up will be at the beginning of next term. Continue reading
The International Forum for Responsible Media Blog
Month: July 2023 (Page 1 of 3)
In 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
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
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
A preliminary trial on meaning due to be heard last week has had to be relisted after actor Noel Clarke disinstructed his legal advisors shortly before the hearing. Clarke has filed a defamation claim against The Guardian over eight articles published in 2021 that reported sexual misconduct allegations made by several women. Continue reading
One 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
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
Huw Edwards has been named as the BBC presenter accused of paying a teenager for sexually explicit photographs. Edwards was named by his wife in her statement that he was being treated in hospital for his mental health. The Metropolitan Police and South Wales Police found no information to indicate criminal offences had been committed. 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
On 11 July 2023, on the News Agents podcast, broadcaster Jon Sopel asked whether The Sun could be facing “the mother of all libel claims” for publishing allegations against a then unnamed BBC presenter. On 13 July 2023, Vicky Flind confirmed that her husband Huw Edwards was the broadcaster in question. Continue reading
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