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Category: Libel (Page 1 of 94)

Case Law: Riley v Sivier, Public interest defence fails at trial – Radha Bhatt and Rosalind Comyn

Rachel Riley loses latest round of libel case with blogger Mike Sivier over claims she 'harassed' a teenagerIn Riley v Sivier [2022] EWHC 2891 (KB) TV presenter Rachel Riley succeeded in her libel claim against blogger Michael Sivier in a judgment handed down on 16 November 2022 by Mrs Justice Steyn. Dismissing the Defendant’s public interest defence, Mrs Justice Steyn awarded Rachel Riley £50,000 in damages and granted an injunction requiring Michael Sivier to remove the article and refrain from repeating it or words to similar effect again. Continue reading

Case Law, Strasbourg: McCann and Healy v Portugal, Article 8 claim by McCanns dismissed – Catherine Arnold

In McCann and Healy v. Portugal ([2022] ECHR 725)(in French only), the Fourth Section of the European Court of Human Rights held, unanimously, that the applicants’ Article 8 rights had not been violated by the publication of a book, a documentary programme, and a newspaper interview alleging that the applicants’ daughter had died inside their holiday flat and that the applicants had hidden her dead body and fabricated her abduction. Continue reading

SLAPPs, Serious Harm, and the Defamation Act (Northern Ireland) 2022 – Ciaran O’Shiel and Tim Carson

While coverage of strategic lawsuits against public participation, or SLAPPs, has been amplified by several high-profile defamation actions in the UK and US in recent months, public discourse on the topic has been gathering pace since the assassination, in October 2017, of the investigative journalist Daphne Caruana Galizia who, at the time of her death, had 47 open defamation cases in progress against her. Continue reading

United States: Winter is coming: the future of First Amendment analysis, and the prospects for New York Times v Sullivan, after NYSR&PA v Bruen

Winter is Coming (element)Cold winds now blow in the US Supreme Court around the stability of a century’s worth of First Amendment doctrine; even New York Times Co v Sullivan 376 US 254 (1964), the most stable of that Court’s speech precedents, now seems in danger of being blown away in the storm, thanks to the recent decision in New York State Rifle and Pistol Association v Bruen 597 US __ (2022) (Opinion pdf | Cornell | Justia | SCOTUSblog). Continue reading

The Devil in the Detail? The Government’s Response on SLAPPs and clause 4 of the Bill of Rights Bill – Mark Hanna

Just what exactly is the Government proposing in its recently published Response to the Call for Evidence on Strategic Lawsuits Against Public Participation (SLAPPs)? As one commentator on this forum has pointed out, the ‘devil is in the detail’ of the Response, and the suggested reforms raise ‘more questions than answers’. This is not to question the existence of SLAPPs, or to cast aspersions on the sudden willingness for public debate on the issue. Continue reading

Media and Communications List: Substantial decline in the number of issued claims in the first half of 2022

There has been a substantial decline in the number of new claims issued in the Media and Communications List of the Queen’s Bench Division (“the M&C List”) in the first 6 months of 2022.   A total  of 100 new claims were issued, an annual rate of 200.  This is only 35% of the 564 new claims issued in 2021 and 53% of the 373 claims issued in 2020.  Continue reading

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