In a recent post on Inforrm it was suggested that the recent notorious prank phone call from two Australian DJs to the King Edward VII Hospital where they blagged private information about the Duchess of Cambridge and which had such tragic consequences, constituted an offence under section 55 of the Data Protection Act 1998 (the “DPA”). Continue reading
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Victims of rape and other serious sexual crimes are entitled to lifelong anonymity under the Sexual Offences (Amendment) Act 1992. It is sometimes suggested that defendants in sex cases should enjoy similar protection until they are convicted at trial. However in a novel twist, a judge recently went one step further and ordered the anonymisation of a convicted rapist in order to protect the identity of his victim. Continue reading
Lord Justice Leveson recommended the establishment of an independent and voluntary self-regulator for the press. And given, the long history of inadequate self regulation, he recommended that the law must “provide a mechanism to recognise and certify” the new self-regulator. His view, after careful consideration of the alternatives, was the Ofcom should be the recognition body. Continue reading
On 30 November 2012, following a 10-day trial, Mr Justice Bean dismissed a libel claim brought by Reginald Mengi, the Executive Chairman of IPP Ltd, a company which holds major newspaper and broadcasting interests in Tanzania ([2012] EWHC 3445 (QB)). The defendant, Sarah Hermitage, had set up a blog to record and to publicise as a warning to others her experience in Tanzania; how, with no protection from the local courts and officials, she and her husband were by threats and intimidation driven out of the country and forced to abandon their investment in their farm, Silverdale. Continue reading
In a widely reported speech at the Communications Law Centre University of Technology, Sydney, Lord Justice Leveson spoke about privacy and the internet, suggesting that “while established legal norms are in many respects capable of application to the internet, it is likely that new ones and new laws will need to be developed“. Continue reading
The Law Commission recently published a timely consultation paper on reform of contempt of court laws. The current Attorney General has been extraordinarily active in bringing contempt cases – with more in the last few years than in the previous decade. His view is that contempt laws are still valid in the internet age but enforcement presents a real challenge, particularly given the power and prevalence of social media. The Law Commission’s starting point is “to ask how, in a modern, internet-connected society, the law of contempt can continue to support the principles that criminal cases should be tried only on the evidence heard in court.” Continue reading
Imagine how the press would be dealing with the Leveson Report and its sequel if an industry other than their own was involved. Here is what has happened. A whole industry has been roundly condemned by an official public inquiry, with the judge declaring that ‘on too many occasions’ responsibilities had been ignored and concluding: Continue reading
One of the most entertaining pieces of evidence that Lord Justice Leveson heard during his inquiry’s hearings into the culture, practice and ethics of the press concerned UK Prime Minister David Cameron‘s understanding of the popular sms abbreviation LOL. He had thought it stood for “lots of love“, and had used it to sign off his texts to Rebekah Brooks (sometime Editor of the News of the World, and the Sun, and CEO of News International), until he discovered that it in fact stands for “laugh out loud” (see transcript for 11 May 2012, p76 (pdf)). Given his immediate rejection of the main press regulation recommendations in Lord Justice Leveson’s Report (also here), published on 29 November 2012, he is obviously laughing out loud at the Leveson Inquiry, not showering it with lots of love. Continue reading
The hoax telephone call to the King Edward VII Hospital in which two DJ’s blagged private information about the Duchess of Cambridge has become the main item on the news today after the apparent suicide of the nurse who was duped by the call. The Australian radio station, 2Day FM, whose DJs were responsible for the call told the “Daily Telegraph” that “it had not broken any laws“. But, as pointed out by Dr Chris Pounder on the Hawktalk blog the position under the Data Protection Act 1998 (“DPA”) has not been considered. Continue reading
Are Australian courts steadily subverting free speech? Media law academic Dr David Rolph thinks the High Court’s recent introduction of reasonableness into the defence of qualified privilege is another incremental step in the wrong direction.
Over the past few years, there have been concerns about real or perceived threats to freedom of speech in Australia. Continue reading
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