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Category: Caselaw (Page 1 of 27)

Case Law: Blake v Fox: Racist, Paedophile, fact or opinion? – Floyd Alexander-Hunt

On 25 August 2023, the Court of Appeal Nicola Davies, Arnold and Warby LJJ) handed down judgment in Blake & ors v Fox [2023] EWCA Civ 1000. The Court dismissed an appeal against Nicklin J’s findings in the High Court in respect to the natural and ordinary meaning of five (out of six) tweets regarding accusations of racism and paedophilia ([2022] EWHC 3542 (KB)). This libel case provides useful analysis for distinguishing statements of fact from opinion and is a cautionary reminder against grouping statements together when there are multiple claimants. Continue reading

Case Comment: LCG v OVD, Privacy and harassment trial, lessons to be learned – Persephone Bridgman Baker and Catriona Grew

On 15 August 2023 Collins Rice J handed down judgment in LCG v OVD [2023] EWHC 2058 (KB). This note does not set out to analyse in detail the complex factual matrix set out in the lengthy judgment, but seeks to address the key practical takeaways from the case on (i) procedural issues (ii) evidential issues (iii) application of privacy law in a social media context, and (iv) the status of the law on harassment. Continue reading

Case Law, Strasbourg: Sanchez v France, Expansion of Intermediary Liability in the Context of Online Hate Speech – Jacob van de Kerkhof

Self-confident people are usually not too concerned about what other people post on their social media pages. But they should be. On 15 May 2023, the Grand Chamber of the European Court of Human Rights (‘ECtHR’ or ‘the Court’) released its judgment in the case of Sanchez v France, following an earlier Chamber decision which found no violation of Article 10 of the European Convention on Human Rights (ECHR).  In a lengthy decisionthe Grand Chamber explored the limits of freedom of expression in the context of hate speech in an election-related setting and intermediary liability for actors on the internet. Continue reading

Case Law, Strasbourg: Halet v Luxembourg, LuxLeaks, Grand Chamber strengthens whistleblowers protection – Dirk Voorhoof

LuxLeaks, one year laterOn 14 February 2023 the Grand Chamber of the European Court of Human Rights (ECtHR) delivered a judgment that is both highly instructive and protective for whistle-blowers claiming protection of their right to freedom of expression and information as guaranteed under Article 10 of the European Convention on Human Rights (ECHR). Continue reading

Case Law, CJEU: TU, RE v Google LLC: A step forward in the rational regulation of data? – Persephone Bridgman Baker and Katherine Silverleaf

The recent decision of the Court of Justice of the European Union (CJEU) in the case of TU, RE v Google LLC ([2022] EUECJ C-460/20) answered two questions referred to it by the German court regarding the delisting of results generated by search engines on the basis that they contain inaccurate information. Continue reading

Case Law, Strasbourg: Zemmour v France, Journalist’s conviction for inciting discrimination did not breach Article 10 – Catherine Arnold

ECHR upholds hate speech conviction against Eric Zemmour – DW – 12/20/2022In Zemmour v France [2022] ECHR 1130 (in French only), the Fifth Section of the European Court of Human Rights held, unanimously, that the Article 10 right of the applicant, a journalist and political commentator, had not been violated by his conviction for inciting discrimination and religious hatred against the Muslim community in France under s.24 § 7 of the Freedom of the Press Act of 29 July 1881. Continue reading

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