Case Law: R (Jefferies and ors) v Home Secretary and anor, Judgment leaves claimants ‘hacked off’ – Katie Ayres

16 12 2018

By Judgment handed down on 29 November 2018 (R (on the Application of Jefferies and Others) v (1) Secretary of State for the Home Department (2) Secretary of State for Digital, Culture, Media and Sport [2018] EWHC 3239 (Admin)) Lord Justice Davis and Mr Justice Ouseley dismissed the Claimants claims for Judicial Review of the Government’s decision to not embark on ‘Part 2’ of the Leveson Inquiry. Read the rest of this entry »





Case Law: Morgan v Associated Newspapers, Defendant required to re-plead opinion defence – Media Lawyer

15 12 2018

The newspaper being sued by a wealthy businessman over allegations relating to his purchase of homes intended as affordable housing has been told it must re-plead its defence to his libel claim. Read the rest of this entry »





Case Law, Strasbourg: Magyar Jeti Zrt v. Hungary: ECtHR rules on hyperlinking to defamatory content – Oliver Fairhurst

14 12 2018

On 4 December 2018, the European Court of Human Rights provided some helpful clarification on the potential liability for posting hyperlinks to defamatory content in the case of Magyar Jeti Zrt v. Hungary. In doing so, the Court referred to the ever-growing corpus of European Union law concerning the concept of “communication to the public” contained in Article 3(1) of the InfoSoc Directive 2001/29/EC. Read the rest of this entry »





Case Law: Economou v de Freitas, Court of Appeal guidance on “public interest” defence – Dominic Garner

5 12 2018

On 21 November the Court of Appeal delivered a major decision on the statutory public interest defence for defamation claims, in the case of Alexander Economou v David de Freitas [2018] EWCA Civ 2591. Read the rest of this entry »





Case Law: Burki v. Seventy Thirty Ltd, Plenty of fish, too little caviar – Barbara Rich

1 09 2018

The case of Burki v. Seventy Thirty Ltd, Seventy Thirty Ltd [2018] EWHC 2151 (QB) offers a vivid glimpse into the real-life world of “Wry Society”, a regular feature in the Financial Times How to Spend Itmagazine, which holds a mirror up to its readership by satirising the tastes and foibles of High Net Worth Individuals in pursuit of expensively “curated” lifestyles. Read the rest of this entry »





Case Law, Canada: Haaretz.com v Goldhar: Supreme Court rules on jurisdiction and forum in multi-jurisdictional Internet defamation claims – Natasha Holcroft-Emmess

10 07 2018

In Haaretz.com v Goldhar 2018 SCC 28, the Canadian Supreme Court considered jurisdiction and forum conveniens in a multi-jurisdictional Internet libel claim. The Court was divided – allowing the news organisation’s appeal 6:3. All of the Justices concluded that Canada had jurisdiction to hear the claim, but a majority found that Israel was a clearly more appropriate forum. Read the rest of this entry »





Case Law, Strasbourg: ML and WW v Germany, Article 8 right to be forgotten and the media – Hugh Tomlinson QC and Aidan Wills

4 07 2018

In the case of ML and WW v Germany ([2018] ECHR 554) (available only French), the Fifth Section of the Court of Human Rights dismissed an Article 8 “right to be forgotten” application in respect of the historic publication by the media of information concerning a murder conviction. Read the rest of this entry »