In his judgment in Davidoff v Google LLC ([2023] EWHC 1958 (KB)) Nicklin J has comprehensively restated the principles to be applied on Norwich Pharmacal applications, emphasising the importance of balancing the Convention rights of the applicant and those of the alleged wrongdoer. Continue reading
The International Forum for Responsible Media Blog
Month: November 2023 (Page 1 of 3)
The First Amendment does not protect messages posted on social media platforms. The companies that own the platforms can – and do – remove, promote or limit the distribution of any posts according to corporate policies. But all that might soon change. Continue reading
On Tuesday 21 November 2023, Counsel for the claimants in Lawrence & Ors v Associated Newspapers Ltd (ANL) told the High Court that they intend to ask ministers for permission to use confidential Leveson Inquiry documents in their legal action against the publisher of the Daily Mail. Earlier this month, Nicklin J ruled that the legal challenges could continue but could not use information drawn from ledgers given by ANL to the Leveson Inquiry into press standards in 2011 and 2012 [2023] EWHC 2789 (KB). Continue reading
Deceptive online content is big business. The digital advertising market is now worth €625 billion, and their business model is simple: more clicks, views or engagement means more money from advertisers. Incendiary, shocking content – whether it is true or not – is an easy way to get our attention, which means advertisers can end up funding fake news and hate speech. Continue reading
Post Brexit, the UK is attempting to redefine its place in the world of an increasingly globalised digital policy. My recent book on Brexit and the Digital Single Market examines the consequences of Brexit for the digital sector. It finds that Brexit has resulted in a loss of regulatory capacity within the UK and a new governance architecture for the EU in the digital sector. Continue reading
In the case of Bild GmbH v Germany [2023] ECHR 851 the Fourth Section of the European Court of Human Rights found that an order that a publisher should cease publication of CCTV footage of an arrest without pixelating the face of one of the officers involved was a violation of Article 10 as it could lead to an unacceptable ban on future publication on matters of public interest. Continue reading
The ICO is seeking permission to appeal the ruling on Clearview AI Inc handed down by the First Tier Tribunal (Information Rights) on 17 October 2023. The tribunal reversed the £7.5 million penalty notice issued by the ICO against the facial image database company on the basis that the UK GDPR did not apply to companies processing data as a service to foreign law enforcement agencies. The Commissioner argues that the FTT incorrectly interpreted the law, as Clearview itself was not processing data for the purpose of foreign law enforcement. Read the ICO’s statement here. 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
We have reached a key juncture in the debate about online privacy, following Meta’s recent decision to offer some users paid-for ad-free access to Facebook and Instagram. The time has come to decide how much we value keeping our data, tastes and whereabouts to ourselves. Continue reading
On 7 November 2023, Master Bell handed down judgment in the High Court of Justice of Northern Ireland in the case of O’Neill v Carson (Defamation) [2023] NIMaster 9. Prominent Northern Irish politician, Michelle O’Neill was unsuccessful in her damages claim against Mr John O’Neill for an alleged defamatory Facebook comment he made about Ms O’Neill stating “She will be put back in her kennel”. Continue reading
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