The European Court’s Fourth Section has held that a successful civil action by a newspaper against a Polish politician for alleging the newspaper had an “agreement” with an oil corporation to finance the newspaper’s “mass propaganda” against his political party, violated the politician’s freedom of expression. The opinion in Kurski v. Poland dealt with the unusual, but not rare, situation when a newspaper launches defamation proceedings against a politician for damaging its reputation, and the broader issue of ordering publication of apologies. Continue reading
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For months, data protection lawyers have been warning businesses in the UK to make preparations for the pending General Data Protection Regulation (the “Regulation”), due to come into force in May 2018. The Regulation provides for a ratcheting up of data protection obligations and a hefty new fining regime for breaches of these obligations of up to 4% of global turnover. Continue reading
In less than 30 years, individuals have transcended their role as passive “data subjects” to become actively involved in the creation, distribution and consumption of personal data. Unless an exemption or derogation applies, individuals are – at least in theory – subject to data protection law. Continue reading
A predictable ‘blame the media’ theme has surfaced following the Brexit vote. This has taken two forms that seem to contradict one another. On one hand, the vote to leave is seen by Natalie Fenton and others as a result of a classic newspaper-led campaign of propaganda, involving covert reciprocities between key personalities, unchallenged by the BBC which took the easy option of ‘balancing’ all opinions in mechanical impartiality, rather than serving the search for truth. Continue reading
The ever increasing presence of social media in our lives, whether old or young, is undeniable. Although it has its benefits, the risks of bullying via social media in an employment context cannot be ignored, and represents a developing threat to businesses which employers must manage effectively. Continue reading
The long awaited publication of the Chilcot report was one of the week’s most covered stories. The press was highly critical of Tony Blair, with each newspaper damning the former prime minister with highly negative headlines. Continue reading
On 6 July 2016 the Court of Appeal handed down judgment in Cartier International AG and others v British Sky Broadcasting Limited and others, ([2016] EWCA Civ 658) dismissing an appeal against an order requiring internet service providers (“ISPs”) to block websites offering counterfeit goods. Continue reading
There is a conceit among many senior editors in the U.K. that Britain has “the best journalism in the world.” At its best, certainly, British journalism is very good indeed. From the sober analysis of the Financial Times and the Economist to the tub-thumping of the tabloid press to the BBC’s worldwide reputation for accuracy and impartiality, the British public has access to a healthy mixture of domestic, foreign, and investigative reporting. On many occasions, democracy has been well served by journalists here who make important stories accessible and hold power to account. Continue reading
What is the future of television, in an era of extraordinary technological change that has brought new challengers to the established broadcasting companies and their scheduled programmes? Who should it be aimed at and how will it be paid for? Continue reading
Following the recent EU referendum results, there will be any number of consequences facing the UK over the next few years as the Brexit looms. Not least is the mass of laws and regulations handed down to us by the EU that will need to be reviewed and adjusted accordingly. Continue reading
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