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
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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
On 22 March 2013 the European Commission launched two public consultations, open until 14 June 2013. The consultations formalise a debate started by recommendations made in January 2013 by an independent High Level Group (HLG) on Media Freedom and Pluralism convened by the Commission. Continue reading
There has, over the last few months, been widespread criticism from the press of Lord Justice Leveson’s recommendations about exemplary damages. These recommendations have been widely misreported and misunderstood. Many have been misled by words like “punitive” and “fines” into thinking that such damages would be imposed as a matter of routine on publishers who make mistakes. In fact, properly understood, exemplary damages are the best available approach for protecting the rights of victims and public interest journalism. Continue reading
The New Zealand Law Commission has today released its report ” “The News Media Meets New Media: Rights, Responsibilities and Regulation in the Digital Age.” The report recommends the establishment of a “News Media Standards Authority” (NMSA) to provide a one-stop shop for adjudicating complaints against all news media. Membership would be voluntary but would bring significant benefits. Continue reading
Lord Justice Leveson’s “inquisitorial” arbitration scheme for media claims is moving closer to implementation. The word inquisitorial conjures up images of medieval magistrates acting as prosecutor and jury, and the scheme was recently criticised by David Allen Green in The New Statesman as leaving parties with “no safeguards”. Is this concern justified? Continue reading
In a recent post on the Media Standards Trust website I wrote that eight consecutive opinion polls have shown that the press has been completely out of step with public opinion on press reform. That number can now be revised up to nine, after another Sunday Times/YouGov poll (full results here) shows that the public favours the proposals for the reform of press regulation.
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Michael Simkins LLP is a leading media and commercial law firm. Across our practice, we have an outstanding reputation for providing high-quality, responsive advice delivered by experienced and talented individuals who truly understand their clients’ needs. Continue reading
Last week’s round up came just ahead of the announcement that all three parties had come to an agreement on a Royal Charter [PDF] with accompanying statute. Provisions relating to costs and exemplary damages were inserted into the Crime and Courts Bill, which will be considered by the House of Lords this week (see “In Parliament” below). An amendment was made to the Enterprise and Regulatory Reform Bill to protect certain future Royal Charters against being changed by the Privy Council without Parliamentary approval. Continue reading
In a recent post on the Head of Legal blog, I said I was worried that the press self-regulation scheme agreed by the main political parties (and to be underpinned by a Royal Charter and two pieces of legislation) would not offer bloggers what it offers the press. Let me explain my worries – and why I think every type of blog should be included. Continue reading
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