Back in July 2011 I commented on the Court of Appeal judgment in Newspaper Licensing Agency v Meltwater ([2011] EWCA Civ 890) and explained how the reach of digital copyright had accidentally been increased beyond that in the offline world. That was as a result of accepting that transient and temporary copies created in computer memory count as copies for copyright purposes. Continue reading
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HL (A Minor) v Facebook Incorporated, The Northern Health and Social Care Trust, The Department of Justice for Northern Ireland and others [2013] NIQB 25. In this somewhat chaotic action, the plaintiff sued ten defendants, in anonymised form by her father and next friend. Continue reading
And then there were three. Far from being the work of ‘the newspaper industry’, the latest attempt to prevent effective, independent press regulation on Leveson lines is being led by just three organisations. Continue reading
The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in the case of ZAM v CFW & Anor [2013] EWHC 662 (QB), encapsulated in the memorable description he quoted in an earlier judgment: “what is to be found on the internet may become like a tattoo“. Continue reading
On 25 April 2013, nearly three years after the introduction of Lord Lester’s Defamation Bill [pdf], the Defamation Act 2013 received Royal Assent. The Bill was introduced in the House of Commons on 10 May 2012 and completed its final stage, House of Commons “Ping Pong” on 24 April 2013. It will come into force on “such day as the Secretary of State may appoint”. Continue reading
A number of newspaper groups have, today, proposed their own “Royal Charter” for the “Independent Self-Regulation of the Press” [pdf] to incorporate a “recognition panel” to determine applications for recognition from Regulators. The proposal comes from the national newspapers – not including the Guardian or the Independent. Continue reading
A COUPLE of jurors have been in the news recently, one for speaking his mind in court, one for speaking his mind on Facebook. One is now facing a contempt charge after he allegedly committed his thoughts on being chosen to try a man charged with sexual offences against a child to his Facebook page. He may be regretting being quite so frank in allegedly saying he “wanted to fuck up a paedophile.” Continue reading
One cannot fail to be shocked by the way in which the Cumbrian police have dealt with those who leaked information to the press about the excessive expenses of their recently elected Police and Crime Commissioner. The Commissioner, Richard Rhodes, held a press conference in which he admitted that it was wrong to have incurred the cost of hiring a private chauffeur at the public’s expense, but then said he was not responsible for the decision to prosecute those who put the information into the public domain. Continue reading
The death of Margaret Thatcher has generated acres of commentary and reaction across all kinds of media; from Twitter to newspaper front pages to placards and banners. The reactions have been extreme both in praise and contempt. The negative views of Baroness Thatcher and reactions to her death have been particularly eye-catching and right wing newspaper editorials in particular have portrayed them as being inappropriate and offensive. Continue reading
The European Court of Human Rights has given its decision in Animal Defenders International, holding that the ban on political advertising on the broadcast media does not violate Article 10. I had been convinced that the Strasbourg Court, following earlier decisions in cases involveing Switzerland and Norway, would come to the opposite conclusion – but I am relieved that they did not. Continue reading
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