Big Brother Watch v UK: What are the implications for the Investigatory Powers Act? – Graham Smith

14 09 2018

Yesterday I was transported back in time, to that surreal period following the Snowden revelations in 2013 when anyone who knew anything about the previously obscure RIPA (Regulation of Investigatory Powers Act 2000) was in demand to explain how it was that GCHQ was empowered to conduct bulk interception on a previously unimagined scale. Read the rest of this entry »





The Cliff Richard judgment in perspective – Nathan Capone

10 09 2018

Much discussion has inevitably followed in the wake of the Cliff Richard judgment, often taking polarising viewpoints. Privacy advocates hailed the judgment as a further watershed for individuals’ privacy rights whereas many in the press decried it as serious limitation on the ability to report on suspected criminality. Read the rest of this entry »





The darknet is not a hellhole, it’s an answer to internet privacy – Andreas Zaunseder

26 08 2018

File 20180814 2924 1pkzdbk.jpg?ixlib=rb 1.1On the back of scandals such as those that engulfed the NSA and Cambridge Analytica, online privacy and data protection have become major political concerns. Many of us worry that private companies and governments know more about us than our closest friends and relatives. Read the rest of this entry »





Cliff Richard and the BBC, a South African perspective – Dario Milo and Molebogeng Kekana

20 08 2018

In South Africa, there is no statutory prohibition that a person who is suspected of a committing a sexual offence and who has not been arrested or summoned to appear in a criminal court – like Cliff Richard in the English case – cannot be named before they appear in court.  Read the rest of this entry »





Sir Cliff Richard privacy case: BBC announces decision not to seek permission to appeal

16 08 2018

The BBC has announced that it will not seek permission to appeal against the judgment of Mann J awarding Sir Cliff Richard privacy damages of £210,000 ([2018] EWHC 1837 (Ch)). Read the rest of this entry »





Reputation beyond Defamation – David Rolph

13 08 2018

The common law has long protected reputation very highly. The principal means by which it has done this is the tort of defamation. Justice Hallett in Foaminol Laboratories Ltd v British Artid Plastics Ltd ([1941] 2 All ER 393) famously remarked that “a claim for mere loss of reputation is the proper subject of an action for defamation and cannot ordinarily be sustained by means of any other form of action”. Read the rest of this entry »





Clearing your name: the devil is in the detail – Alistair Parker

11 08 2018

Statistically, most people charged with criminal offences are guilty as charged. In fact, the vast majority either plead ‘guilty’ of their own volition, or are found guilty at trial and are sentenced. Quite apart from the sentencing, there are rules about how long those convictions remain ‘live’ (meaning they must be disclosed to potential employers). Read the rest of this entry »