On 27 February 2023 judgment was handed down in the case of FGX v Gaunt [2023] EWHC 419 (KB). General and special damages totalling £97,000 were awarded in a claim arising from the covert recording of naked images of the claimant and their subsequent publication on a pornographic website. Continue reading
The International Forum for Responsible Media Blog
Category: Caselaw (Page 1 of 27)
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
In 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
This update covers media and freedom of speech cases before the United States Supreme Court, the Federal Appeals Courts and the Federal District Courts in 2022 and other media law news. Continue reading
In the case of IVT v Romania ([2022] ECHR 189) the Fourth Section of the European Court of Human Rights found that the domestic courts had breached an 11 year old ‘s Article 8 rights in dismissing her claim based on the broadcast of an television interview which had been conducted without obtaining parental consent. Although the child’s face was blurred she was still identifiable on the broadcast. The Court emphasised that parental consent was not a mere formality but was an important safeguard for the rights of children. Continue reading
In a case highly dependent on its very unusual facts, the Court of Appeal in Griffiths v Tickle ([2021] EWCA Civ 1882) confirmed (in dismissing an appeal) that a mother and father involved in Children Act 1989 proceedings can be identified. It agreed that a previous fact-finding judgment[pdf] by Her Honour Judge Williscroft at Derby County Court in November 2020, in relation to allegations of serious sexual abuse, coercive and controlling behaviour, and violence, perpetrated by the husband on his ex-wife over a 10 year period, could be published (with relatively modest redactions relating to family members and the identity of the child). Continue reading
In the case of Biancardi v. Italy ([2021] ECHR 972) the First Section of the European Court of Human Rights held that an order finding that the editor of an online newspaper liable for failing to de-index an article concerning criminal proceedings did not breach Article 10 of the Convention. Continue reading
On 12 October 2021, Oxford County Court handed down judgment in Fairhurst v Woodard (Case No: G00MK161). A dispute between neighbours over the use of cameras for security purposes, the case gave rise to successful claims in harassment and data protection, and offers an important note of caution for those looking to install surveillance systems to protect their homes. Continue reading
In the case of Sanchez v France [2021] ECHR 724 (available only in French) the Fifth Section of the Court of Human Rights held that the conviction of a politician for failing to promptly delete unlawful comments published by third parties on the public wall of his Facebook account did not breach his Article 10 rights despite his apparent lack of knowledge of the comments. Continue reading
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