In the case of Hurbain v Belgium [2021] ECHR 544 (in French only), the European Court of Human Rights (Third Section), held that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading
The International Forum for Responsible Media Blog
Tag: Aidan Wills (Page 1 of 2)
In August 2020 Nigel Wright was convicted of blackmail and contaminating food in Tesco stores. He was subsequently sentenced to 14 years’ imprisonment. Wright blackmailed Tesco by demanding the payment of bitcoin to the value of approximately £1.4m, failing which he would refuse to identify in which stores he’d placed contaminated baby food and/or would place further contaminated food. He was also convicted of placing metal shards in baby food. Continue reading
The Court of Appeal has handed down judgment in Lloyd v Google LLC [2019] EWCA Civ 1599, a decision with significant implications for data protection law and practice. Brought on behalf of an estimated 4.4 million iPhone users, this representative claim concerns Google’s gathering and exploitation of browser generated information (“BGI”) on Apple’s Safari browser. Continue reading
In the case of ML and WW v Germany ([2018] ECHR 554) (available only French), the Fifth Section of the Court of Human Rights dismissed an Article 8 “right to be forgotten” application in respect of the historic publication by the media of information concerning a murder conviction. Continue reading
Today sees the start of the first High Court trial to address the application of the right to be forgotten (“RTBF”) as articulated by the CJEU in C‑131/12 Google Spain v Agencia Española de Protección de Datos & Mario Costeja González (“Google Spain”). Continue reading
One of the most common complaints about an online publication is that it makes a false statement about someone. The most obvious cause of action through which to seek redress is libel – although there may also be claims for a breach of the DPA and/or false privacy – but such a claim needs to be approached with care. Continue reading
Material is often published online to promote causes, further campaigns, air grievances and raise concerns about the conduct of others. When this is done responsibly it performs an invaluable public function. The availability of free-to-use platforms to express views and to engage in public debate is among the most important benefits of the internet in general and social media in particular. Continue reading
On 11 April 2017 the Supreme Court unanimously dismissed three appeals brought by media organisations challenging the article 10 ECHR compliance of the recovery of additional liabilities (CFA success fees and ATE insurance premiums) from defendants in ‘publication cases.’ ([2017] UKSC 33). Continue reading
From 24 to 26 January 2017, the Supreme Court heard three joined appeals raising the issue as to whether the recovery of conditional fee agreement (“CFA”) success fees and after the event insurance (“ATE”) premiums (collectively known as “additional liabilities”) in publication and privacy cases is incompatible with Article 10 of the Convention. Inforrm published a case preview here. Continue reading
In Part 1 of this post I looked at “spent convictions” in the context of the law of privacy. The other important legal perspective on such convictions is that of the law of data protection. Continue reading
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