Case Law, Strasbourg: Einarsson v Iceland, Defamation on social media and Article 8 – María Rún Bjarnadóttir

14 11 2017

In recent years, Icelandic courts have struggled to apply standards and methodology developed by the European Court of Human Rights (ECtHR) in cases regarding the balancing of freedom of expression and rights to private life. Read the rest of this entry »





Case Law: Brown v Bower, Judge rejects parties’ agreement as to what is defamatory – Emma Foubister

8 11 2017

In the case of Brown v Bower [2017] EWHC 2637, the High Court considered the proper application of the repetition rule in determining the meaning of a statement about an MP in a book about the Blair government. Nicklin J made interesting observations about whether the statement was defamatory and the effect of the parties’ agreement that it was. Read the rest of this entry »





Case Law: Butt v Home Secretary: Government press release identifying “extremist hate speaker” was “opinion” – Natasha Holcroft-Emmess

5 11 2017

In the case of Butt v Secretary of State for the Home Department [2017] EWHC 2619 (QB) Nicol J held that a Government Press Release  which meant that the claimant,  Dr Salman Butt, was an extremist hate speaker constituted a statement of opinion, not of fact. Read the rest of this entry »





Case Law, Strasbourg: Fuchsmann v Germany, Refusal to grant website defamation injunction did not breach Article 8 – Emma Foubister

25 10 2017

In Fuchsmann v Germany, the Fifth Section of the European Court of Human Rights held that an entrepreneur’s Article 8 rights were not violated by the publication of an article linking him to Russian organised crime. Read the rest of this entry »





Case Law: Huda v Wells, Osteopath fails in bid to serve out over complaint to regulator – Media Lawyer

24 10 2017

In the case of Huda v Wells ([2017] EWHC 2553 (QB)) Nicklin J held that information submitted to the osteopaths’ regulatory body was protected by absolute privilege and could not be the subject of an action for defamation or malicious falsehood. Read the rest of this entry »





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 »