On 4 November, Mr Justice Nicol handed down an anonymised judgment in ERY v Associated Newspapers Limited ([2016] EWHC 2760 (QB)). It focuses on two important issues. First, the necessary likelihood of the matters sought to be restrained by an injunction. Second, the extent to which police investigations into individuals give rise to a reasonable expectation of privacy and thus the reporting of them subject to legal restraint. Continue reading
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Perhaps providing a welcome diversion to all the apocalyptic press reaction following the election of Donald Trump is the news that Lego, the Danish manufacturer of plastic bricks, has announced its intention to cease advertising in the Daily Mail. Continue reading
American free speech jurisprudence, particularly in matters of public concern, has long been the envy of journalists around the world, and for good reason. Over the past year, the actual malice standard of liability has been expanded to offer journalists an extraordinarily high degree of protection for erroneous statements that may damage somebody’s reputation. Continue reading
The biggest story in the world this week was of course the election of Donald Trump as the next President of the United States. The reaction of the British press was one of profound shock. The director of the American Civil Liberties Union (ACLU) has called Trump’s proposed policies ‘unlawful and unconstitutional’. Continue reading
Press regulation is changing. On 29 October 2016, IMPRESS was officially recognised as the UK’s first ‘Leveson-compliant’ regulator. This is a momentous occasion. But recognition has been met with uniform hostility from the mainstream press. The Daily Mail was not alone in decrying the event as ‘an end to 300 years of press freedom’. Continue reading
The cartoons in French satirical magazine Charlie Hebdo offended many people. And as a result of the terrible actions taken by a handful of those people who took offence, which resulted in the murder of 12 people, Charlie Hebdo has become a case study for the significance and meaning of “offensiveness”. Continue reading
The long-awaited decision in Cynthia Prior v Queensland University of Technology (No 2) was handed down last Friday. Continue reading
The Nursing and Midwifery Council (NMC) recently announced that it would no longer publish on its website the detail of charges brought against its members in advance of disciplinary hearings. Continue reading
On Friday 4 November 4, 2016 a Charlottesville federal jury found Rolling Stone magazine liable for defaming Nicole Eramo, the former Associate Dean of the University of Virginia (“UVA”), in its now infamous article “A Rape on Campus”. Eramo sued Rolling Stone and the author of the story, Sabrine Erdely, for $7.5 million in reputational damages. Continue reading
The Grand Chamber of the European Court of Human Rights today handed down judgment in the case of Magyar Helsinki Bizottság v. Hungary (application no. 18030/11). It held (15:2) that there is an Article 1o right to public access to information where access to the information is instrumental for the individual’s exercise of his or her right to freedom of expression. Continue reading
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