The most recent annual Judicial Statistics – those for 2019 – again show a substantial increase in the number of issued defamation claims. These are up by 22% on 2018 and 107% on 2017. Continue reading
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In recent weeks, the House of Commons select committee on justice has been assured by members of the government, judiciary and court service that open justice continues, despite changes to the nature of physical hearings, and increased use of technology for many types of hearings. Continue reading
On 3 June 2020 the Supreme Court handed down judgment in Serafin v Malkiewicz & Ors [2020] UKSC 23. The decision upheld the Court of Appeal’s finding of unfair trial, but considered that by ordering a remittal limited to the assessment of damages, the appellate judges had failed to address the consequences that should flow from this finding. Continue reading
Protests supporting the movement Black Lives Matter have been held across the US, the UK and the rest of the world following the spread of a video of George Floyd, a black man in Minneapolis dying after a white policeman knelt on his neck for nearly nine minutes. Continue reading
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. It maintains an extensive database of international case law. This is its newsletter dealing with recent developments in the field. Continue reading
In a previous post, I described the growing calls for what I called a “systemic duty of care” (“SDOC”) in platform regulation. I suggested that SDOC requirements would create difficult questions in ordinary intermediary liability litigation. Continue reading
New technologies present opportunities for the private security sector to innovate and gain an edge over slower and non-adapter competitors. Law enforcement agencies around the world have started using facial recognition techniques over the last few years. Continue reading
Policymakers in Europe and around the world are currently pursuing two reasonable-sounding goals for platform regulation. First, they want platforms to abide by a “duty of care,” going beyond today’s notice-and-takedown based legal models to more proactively weed out illegal content posted by users. Continue reading
The momentum gathered by the #MediaWitchHunt following the revelation that senior government advisor and Vote Leave campaign strategist Dominic Cummings broke the COVID-19 lockdown laws reveals an entrenched climate of mistrust in the UK. Continue reading
Part of growing up is learning to take responsibility for the hurtful things you say. As a person who often says stupid things, I often need reminding. Defamation law reflects that lesson. When you say something that hurts another person, it can cost you. Continue reading
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