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Case Law: ABC v Google, Claimant who refused to tell the court or his opponent who he was runs out of track – Elisabeth Mason

In ABC v Google LLC [2019] EWHC 3020 (QB) the High Court dismissed the latest attempt by an anonymous litigant-in-person (‘ABC’) to continue his ‘right to be forgotten’ claim against Google.  The claim concerned Google’s failure to block access to historic news reports concerning ABC (whomever he may be).  Extraordinarily, ABC pursued his claim for nearly two years without ever identifying himself either to his opponent or to the court. Continue reading

Defamation Update: Serious Harm, Lachaux and Beyond – Emma Linch

Section 1(1) of the Defamation Act 2013 provides that “A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.” As Warby J said in Doyle v Smith [2018] EWHC 2935 (QB)“This is a beguilingly simple sentence. Inevitably, though, there was debate as to its meaning and effect before and after the Act came into force on 1 January 2014.”  Continue reading

Case Law, Strasbourg: Pryanishnikov v. Russia: Refusal to grant a licence for the reproduction of erotic material violated Article 10 – Argyro Chatzinikolaou

In Pryanishnikov v Russia ([2019] ECHR 614), a case concerning the authorities’ refusal to grant the applicant a film reproduction license, the European Court of Human Rights found a violation of the right to freedom of expression, as the only reason advanced by the domestic courts for the refusal of the relevant license had been based on mere suspicions rather than findings of fact. Continue reading

Australia: A push to make social media companies liable in defamation is great for newspapers and lawyers, but not you – Michael Douglas

At his Wednesday 20 November 2019 address to the National Press Club, Attorney-General Christian Porter said the federal government is pursuing “immediate” defamation law reform. The announcement seemed a bit odd, as defamation is a subject for state and territory governments to legislate on. A NSW-led law reform process has been ongoing for years. Continue reading

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