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Case Law: Rana v Google Australia – Google continues to resist claims for publication – Gervase de Wilde

Google AustraliaGoogle has for the most part successfully fought off attempts to make it liable for third party publications, or search results. But, given the company’s enormous power and influence over the online world, it is unsurprising that claims against it and its subsidiaries continue to be brought. In Rana v Google Australia Pty Ltd ([2013] FCA 60), an Australian court considered whether such a claim could be made, or served on the American parent company. Continue reading

News: The Defamation Bill and Leveson Amendments and Cross Party Talks

Oliver LetwinOn 25 February 2013 the Defamation Bill had its Third Reading in the House of Lords.  A number of amendments were made to the Bill.  These included the controversial “Puttnam amendments” which introduced a new clause 2, entitled “Arbitration Service for defamation and related civil claims against members of Independent Regulatory Board“.  This contains a slimmed down partial version of Lord Justice Leveson’s recommendations for media regulation. Continue reading

Case Note: The wife and children of Omar Othman v The English National Resistance and others – anti harassment injunction granted to restrain demonstrators

Abu QatadaThe radical cleric Abu Qatada is in the news again following his arrest for an alleged breach of bail. The controversial refusal of the Courts to order his deportation to Jordan led to demonstrations outside his family home and to an application, last month, for an anti-harassment injunction by his wife and children. This was granted on 25 February 2012 by Mr Justice Silber.

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Leveson, Arbitration and the Press: clearing up some issues – Hugh Tomlinson QC

arbitrationAccording to Lord Justice Leveson, one of the key requirements of a new independent press regulator is an “arbitration service”. The recommendation is that the regulator should provide “an arbitral process in relation to civil legal claims against subscribers, drawing on independent legal experts of high reputation and ability on a cost-only basis to the subscribing member” (Recommendation 22). Continue reading

Journalisted, week ending 3 March 2013, Eastleigh, The Oscars and riots in Bangladesh

JournalistedJournalisted is an independent, not-for-profit website built to make it easier for the public, to find out more about journalists and what they write about. It is run by the Media Standards Trust. It collects information automatically from the websites of British news outlets. Articles are indexed by journalist, based on the byline to the article. Keywords and statistics are automatically generated, and the site searches for any blogs or social bookmarking sites linking to each article. Continue reading

The Leveson Inquiry and the Raucous Press – Julian Petley

Royal Courts of JusticeDemocracies require an unlovable press. They need journalists who get in the face of power’. So says Michael Schudson, one of America’s foremost media scholars, in a recent collection of essays, and most journalists would wholeheartedly agree. Such sentiments were much in evidence in the pre-emptive nuclear strike mounted by the press in the run-up to the publication in November 2012 of Lord Justice Leveson’s report into the culture, practices and ethics of the British press. Continue reading

Case Law: Tesla Motors v BBC, Top Gear up before Top Judges – Rosalind English

Top GearIn the case of Tesla Motors v BBC ([2013] EWCA Civ 152) the Court of Appeal refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the “Top Gear” programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial. Continue reading

‘The elephant next door’: new report on media ownership abroad – Media Reform Coalition

media-reform coalitionThe Media Reform Coalition has published a new report on media ownership and plurality laws from across the world – in the belief that Britain has something to learn from them.

The report, titled ‘The Elephant Next Door: a survey of international media ownership regulations’, summarises the broad international support that exists for plurality laws, and then examines regulations from across the world on national, local, foreign and cross-media holdings. Continue reading

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