In Haaretz.com 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, Canada: Haaretz.com v Goldhar: Supreme Court rules on jurisdiction and forum in multi-jurisdictional Internet defamation claims – Natasha Holcroft-Emmess
10 07 2018Comments : Leave a Comment »
Tags: Jurisdiction, Natasha Holcroft-Emmess, Supreme Court
Categories : Canada, Caselaw, Libel
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 »
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Tags: Associated Newspapers, Daily Mail
Categories : Libel
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 »
Comments : 1 Comment »
Tags: Defamation Watch, Google, Justin Castelan
Categories : Australia, Internet, Libel
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 »
Comments : 3 Comments »
Tags: Statistics
Categories : Libel
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 »
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Tags: Article 8, David Acheson, Right to Reputation
Categories : Human Rights, Libel
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 »
Comments : 1 Comment »
Tags: Article 8, David Acheson, Reputation
Categories : Human Rights, Libel
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 »
Comments : 1 Comment »
Tags: Patrick George
Categories : Australia, Libel, Social Media
