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 decision, the 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
The International Forum for Responsible Media Blog
Category: Caselaw (Page 2 of 28)
In Hay v Cresswell [2023] EWHC 882 (KB) handed down on 26 April 2023, Mrs Justice Heather Williams held that a sexual abuse victim, Nina Cresswell, had successfully defended a libel claim brought by the perpetrator, William Hay. Continue reading
On 4 May 2023 the CJEU handed down judgment in the Österreichische Post case, ruling that mere infringement of the GDPR is not itself sufficient to confer a right to compensation; and that material or non-material damage is required. Continue reading
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 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
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