Case Law, Canada: v Goldhar: Supreme Court rules on jurisdiction and forum in multi-jurisdictional Internet defamation claims – Natasha Holcroft-Emmess

10 07 2018

In v Goldhar 2018 SCC 28, the Canadian Supreme Court considered jurisdiction and forum conveniens in a multi-jurisdictional Internet libel claim. The Court was divided – allowing the news organisation’s appeal 6:3. All of the Justices concluded that Canada had jurisdiction to hear the claim, but a majority found that Israel was a clearly more appropriate forum. Read the rest of this entry »

Case Law: Morgan v Associated Newspapers, Defamatory sting was opinion – Media Lawyer

5 07 2018

The defamatory sting in an article which criticised a wealthy businessman who was alleged to have bought, at a discount, homes intended as affordable housing was an expression of opinion which readers would recognise as being distinct from factual allegations in the piece, a High Court judge has held. Read the rest of this entry »

Case Law, Australia, Trkulja v Google LLC, The return of Trkulja, Episode IV – Justin Castelan

27 06 2018

The Trkulja defamation franchise is into its fourth instalment, with the latest victory against the Google Empire coming with a stirring outcome arising from Mr Trkulja’s debut appearance in the High Court ([2018] HCA 25). Read the rest of this entry »

Judicial Statistics, 2017: Issued defamation claims up by 40%, highest for three years

26 06 2018

The most recent annual Judicial Statistics – those for 2017 – show a substantial increase in the number of issued defamation claims.  These are up by 40% on 2016.  In 2017 there were 156 defamation claims issued in London (where the large majority of claims are brought) as opposed to 112 in 2016 (and 135 in 2015). Read the rest of this entry »

Do Companies have a right to reputation under the European Convention on Human Rights, Part 2 – David Acheson

21 06 2018

The first part of this post considered the question of whether Art 8 of the Convention protects corporate reputation and concluded that the Court’s case law does not provide any good justification for this. Read the rest of this entry »

Do Companies have a right to reputation under the European Convention on Human Rights, Part 1 – David Acheson

19 06 2018

In contrast to the frequent discussion of the European Court of Human Rights jurisprudence establishing that individual reputation falls within the scope of the Article 8 right to ‘private and family life’, the possibility that corporations could claim a Convention right to reputation – under either Art 8 or Article 1 of Protocol 1 (‘A1P1’), the right to property – has not attracted a great deal of attention from commentators. Read the rest of this entry »

Social Media: the Free Speech Paradox – Patrick George

29 05 2018

People have been surprised by the freedom with which they can use social media and say exactly what they think.  Uninhibited, unrestrained and carefree commentary can be seen on platforms such as Twitter and Facebook at any time of day. Read the rest of this entry »