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Isn’t the Daily Telegraph great? That, in essence, is the question Fraser Nelson asks in his article (in the Telegraph) entitled ‘The value of our threatened free press is the real Sam Allardyce exposé’. But in his eagerness Nelson is in danger of prompting the opposite answer to the one he is hoping for. Continue reading
News Group Newspapers (“NGN”), the defendant in the Sun and News of the World phone hacking litigation, has instructed new solicitors, Clifford Chance, to replace Linklaters. Continue reading
In Bukovsky v Crown Prosecution Service ([2016] EWHC 1926 (QB)), a Soviet dissident resident in England, was suing the Crown Prosecution Service (‘CPS’), the principal public prosecuting authority in England and Wales, for libel, misfeasance in public office, and breach of the Human Rights Act concerning a press release announcing that he was to be prosecuted for a number of criminal offences. The action came before Warby J for a preliminary trial as to the meaning of the words complained of. Continue reading
The manager of the England football team, Sam Allardyce, has resigned just two months into his job, apparently “by mutual consent” – whatever that means – after being splashed all over the pages of the Daily Telegraph which linked him with allegations of impropriety. Continue reading
The decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016) demonstrates that, on the question of the liability of internet intermediaries for defamatory posts on their platforms, an important part of the answer is provided by application of the defence of innocent publication provided in section 27 of the Defamation Act 2009 (also here). Continue reading
The case of Economou v de Freitas ([2016] EWHC 1853 (QB)) was the first case to substantively consider in detail the new “public interest” defence since the Defamation Act 2013 came into force, clarifying that the Court will place a great deal of weight on whether the Defendant “reasonably believed” the publication was in the public interest and not just on whether it was a general matter of public interest. Continue reading
The liability of internet intermediaries for defamatory posts on their platforms was central to the decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016). A Ugandan lawyer objected to allegedly defamatory posts on a pseudonymous Facebook account, and Binchy J gave an order requiring Facebook to identify the account-holder. Continue reading
On 14 September 2016, the Grand Chamber of the European Court of Human Rights held a hearing in the case of Satamedia Oy v Finland. The judgment was reserved and is unlikely to be given for several months. Continue reading
One day, your bank writes to you saying that you have fallen outside its risk appetite and your accounts are being closed. You ring the bank manager to ask why and he says there is nothing he can tell you. You try to open a bank account elsewhere and are told you can’t be accepted as a customer. Continue reading
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