Book Review: Online Publication Claims: A Practical Guide (eds Hugh Tomlinson QC & Guy Vassall- Adams) – Christina Michalos

15 11 2017

Online Publication Claims: A Practical Guide pretty much does what it says on the tin cover. It is a new book written collectively by media law practitioners at Matrix Chambers dealing with, surprisingly enough, claims arising out of internet publication. Read the rest of this entry »





#MeToo, naming and shaming: a risky business? – Brett Wilson

2 11 2017

“#MeToo”: Five letters that have been tweeted millions of times in the past month, and demonstrate the enormous power of social media and how it can bring about change for the good. Read the rest of this entry »





Case Law, Strasbourg: Fuchsmann v Germany, Refusal to grant website defamation injunction did not breach Article 8 – Emma Foubister

25 10 2017

In Fuchsmann v Germany, the Fifth Section of the European Court of Human Rights held that an entrepreneur’s Article 8 rights were not violated by the publication of an article linking him to Russian organised crime. Read the rest of this entry »





Online Publication Claims: an Introduction – Guy Vassall-Adams QC and Hugh Tomlinson QC

20 10 2017

The Internet has brought about a global communications revolution. An individual who wishes to communicate with others no longer needs a printing press or a broadcasting operation. Instead information can be communicated worldwide with a few keystrokes. Words, sounds, pictures or videos can, potentially, be communicated to the nearly 48% of the world’s population – 3.2 billion people – who are now estimated to use the internet (see ITU figures). Read the rest of this entry »





Case Law, Strasbourg: Tamiz v UK: Article 8 complaint inadmissible, wide margin of appreciation on defamatory blog comment removal process – Natasha Holcroft-Emmess

17 10 2017

In Tamiz v UK, defamatory allegations published in blog comments remained online for over three months without national courts providing a remedy, but the European Court of Human Rights declared inadmissible a complaint that the UK had breached its positive obligation under Article 8 ECHR to provide protection for reputation. Read the rest of this entry »





Case Law, Strasbourg: Bărbulescu v Romania – Monitoring of an employee’s communications held to be violation of Article 8 ECHR – Sara Mansoori

12 09 2017

The decision of the Grand Chamber of the Court of Human Rights handed down last week in Bărbulescu v Romania ([2017] ECHR 754) is a surprising one that acts as a warning to employers. The Court held that the Article 8 rights of an employee breached when his employer monitored his personal communications on Yahoo Messenger. Read the rest of this entry »





Case Law, India: Puttaswamy v Union of India, Supreme Court recognises a constitutional right to privacy in a landmark judgment – Hugh Tomlinson QC

4 09 2017

On 24 August 2017, a nine judge bench of the Supreme Court of India handed down its decision in the important constititutional case of Puttaswamy v Union of India [pdf].  In a remarkable and wide ranging 547 page judgment the Court ruled unanimously that privacy is a constitutionally protected right in India. This is landmark case which is likely to lead to constitutional challenges to a wide range of Indian legislation. Read the rest of this entry »