Case Law, Strasbourg: Becker v Norway, Robust protection of journalistic sources remains a basic condition for press freedom – Dirk Voorhoof

14 10 2017

In the judgment in the case Becker v. Norway the ECtHR showed once more its concern about the importance of the protection of journalistic sources for press freedom and investigative journalism in particular. Read the rest of this entry »





Case Law, Al-Ko Kober Ltd v Sambhi: Malicious Falsehood and Data Protection injunctions to restrain YouTube videos – Emma Foubister

12 10 2017

In the case of Al-Ko Kober Ltd & Anor v Sambhi [2017] EWHC 2474 (QB), Mrs Justice Whipple took the unusual step of granting an application for: (1) an interim injunction in malicious falsehood; and (2) an order to cease processing personal data under section 10(4) of the Data Protection Act (‘DPA’). Read the rest of this entry »





Case Law, Strasbourg: Bărbulescu v Romania – Monitoring of an employee’s communications held to be violation of Article 8 ECHR – Sara Mansoori

12 09 2017

The decision of the Grand Chamber of the Court of Human Rights handed down last week in Bărbulescu v Romania ([2017] ECHR 754) is a surprising one that acts as a warning to employers. The Court held that the Article 8 rights of an employee breached when his employer monitored his personal communications on Yahoo Messenger. Read the rest of this entry »





Case Law, India: Puttaswamy v Union of India, Supreme Court recognises a constitutional right to privacy in a landmark judgment – Hugh Tomlinson QC

4 09 2017

On 24 August 2017, a nine judge bench of the Supreme Court of India handed down its decision in the important constititutional case of Puttaswamy v Union of India [pdf].  In a remarkable and wide ranging 547 page judgment the Court ruled unanimously that privacy is a constitutionally protected right in India. This is landmark case which is likely to lead to constitutional challenges to a wide range of Indian legislation. Read the rest of this entry »





Case Law: Singh v Weayou, £25,000 libel damages for malicious complaint to employer – Tom Double

18 08 2017

In Singh v Weayou [2017] EWHC 2102 (QB), the Claimant Keith Singh, a Night Services Coordinator at the Priory Hospital in Roehampton, sued the Defendant Joseph Weayou, a Health Care Assistant at the same hospital, for libel and malicious falsehood in respect of an email Mr Weayou had sent on 24 August 2015 to the HR Manager and a senior manager at the hospital. Read the rest of this entry »





Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones

11 07 2017

In Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina ([2017] ECHR 608)  the Grand Chamber of the ECtHR found by an 11-6 majority that there was no violation of Article 10 in findings of defamation by the national courts in relation to a public servant’s right to reputation. Read the rest of this entry »





Case Law, Canada: Google Inc v Equustek Solutions, Supreme Court upholds worldwide Google blocking injunction – Hugh Tomlinson QC

2 07 2017

On 28 June 2017, the Supreme Court of Canada handed down judgment in the controversial case of Google Inc v Equustek Solutions  (2017 SCC 34) dismissing (7:2) Google’s appeal against a worldwide injunction ordering it to remove websites from search results (2014 BCSC 1063).  The result of this decision is that worldwide injunction against Google remains in place. Read the rest of this entry »