QPR midfielder Joey Barton, as everyone in football knows, is a tireless campaigner for freedom of expression. The controversial ball-winner, currently on loan in the French First Division with Olympique Marseille, is known for his brushes with the law, but has built a countervailing reputation as one of the game’s most aggressive thinkers. Continue reading
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The decision of the Court of Human Rights in Novaya Gazeta v Russia ([2013] ECHR 251) is an interesting reminder of the requirement of journalistic responsibility even in the context of public interest articles about politicians. The case concerned a domestic libel judgment in favour of a Regional Governor based on an article containing a value judgment. It was, nevertheless, held to have been justified under Article 10(2) as there was insufficient factual basis for the statement made. The article had not been written responsibly. Continue reading
The Media Reform Coalition has launched a consultation for small publishers, online journalists and bloggers in order to provide input into the final parliamentary consideration of the Crime and Courts Bill, the legislation backing the Leveson recommendations for media self-regulation. Continue reading
The Privy Council, which will now be responsible for issuing a royal charter setting up a panel to vet the independence of a new press regulator, started licensing books in 1538. In 1557 a royal charter gave the members of the Stationers’ Company a monopoly of printing. In 1588 the anti-episcopal Marprelate Tracts (one of whose authors, John Penry, was executed for publishing them) provoked a system of press licensing which survived in one form or another, though with diminishing effect, until the last decade of the 17th century. Continue reading
If Leveson’s proposals to erode the journalistic exemption under the Data Protection Act 1998 (“DPA”) materialise, libel claimants may have an extra string to their bow. But is the DPA already being used and abused by libel claimants? Ashley Hurst and Jack Gilbert discuss.
Amongst the many recommendations in Lord Justice Leveson’s 2,000-page report, his proposed changes to the UK data protection regime would include significantly scaling back the journalistic exemption currently afforded by section 32 of the DPA. This exemption currently allows data controllers to collect and use personal data without the need to comply with the other provisions of the Act, on the basis that it is collected with a view to the publication of journalistic material and is in the public interest. Continue reading
The Inforrm blog is taking a break from regular posting over Easter. The English law courts are closed until 9 April 2013, the House of Commons is not sitting again until 15 April 2013, and the House of Lords until 22 April 2013. Inforrm will have a more modest break – until 8 April 2013. Continue reading
On 22 April 2013 the Grand Chamber of the Court of Human Rights will hand down judgment in the “political communication” case of Animal Defenders International v United Kingdom. The case was heard over a year ago, on 7 March 2012. The case concerns the ban on the broadcasting of political advertising in sections 319 and 321 of the Communications Act 2003 which the applicant contends is a violation of its Article 10 right to freedom of expression. Continue reading
Media law judge Mrs Justice Sharp was among ten new appointments to the Court of Appeal which were announced yesterday. She was one of the small number of High Court judges who regularly deal with defamation and privacy cases, having practised at the Bar from the specialist media law chambers 1 Brick Court.
An exchange in Monday’s House of Lords debate on the new press regulation clauses in the Crime and Courts Bill revealed a little-noticed – and no doubt to some, astonishing – aspect of the proposed system: it covers foreign publishers. Continue reading
In the case of Monis v The Queen ([2013] HCA 14) the High Court of Australia considered familiar issues concerning offensive communications and freedom of expression. The defendant, Man Haron Monis, is alleged to have written letters to the families of soldiers killed in action in Afghanistan. While expressing sympathy to the families, the letters were critical of Australia’s involvement in Afghanistan and of the soldiers and the part they had played in the war, referring to the soldiers in ‘a denigrating and derogatory fashion’. Continue reading
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