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 »





Law and Media Round Up – 16 October 2017

16 10 2017

On 12 October 2017 the Administrative Court dismissed a judicial review application brought by the News Media Association (“NMA”) challenging the Press Recognition Panel’s (“PRP”) recognition of Impress as an independent press regulator (R (NMA) v Press Recognition Panel [2017] EWHC 2527 (Admin)). Read the rest of this entry »





Google v Duffy, No clear result in law applying to search engines – David Rolph

15 10 2017

The long-awaited decision from SA’s Full Supreme Court does little to clarify the perplexing issue of how a search engine is liable for defamation, writes Sydney University media law academic Professor David Rolph … The judgment raises more questions than it answers in relation to publication, intention and knowledge

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Case Law, Strasbourg: Becker v Norway, Robust protection of journalistic sources remains a basic condition for press freedom – Dirk Voorhoof

14 10 2017

In the judgment in the case Becker v. Norway the ECtHR showed once more its concern about the importance of the protection of journalistic sources for press freedom and investigative journalism in particular. Read the rest of this entry »





Leveson: Karen Bradley gets it wrong five times – Brian Cathcart

13 10 2017
The Media Secretary, Karen Bradley, told the Commons Media Select Committee this week that she will announce the long-overdue outcome of her consultation on Section 40 and Leveson Part Two ‘shortly’ – hinting it would be in the next few weeks.

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Problems with Filters in the European Commission’s Platforms Proposal – Daphne Keller

13 10 2017

Earlier I posted about the European Commission’s Communication on Illegal Content Online. I said it dangerously over-estimated the power of procedural mechanisms like counter-notice to get legal speech back online once platforms take it down. Read the rest of this entry »





Case Law, Al-Ko Kober Ltd v Sambhi: Malicious Falsehood and Data Protection injunctions to restrain YouTube videos – Emma Foubister

12 10 2017

In the case of Al-Ko Kober Ltd & Anor v Sambhi [2017] EWHC 2474 (QB), Mrs Justice Whipple took the unusual step of granting an application for: (1) an interim injunction in malicious falsehood; and (2) an order to cease processing personal data under section 10(4) of the Data Protection Act (‘DPA’). Read the rest of this entry »