In the case of Swansea v XZ ([2014] EWHC 212 (Fam)), which Moor J described as “wholly exceptional”, an order was made preventing the reporting the name of a defendant who had pleaded guilty in a criminal case (“the Mother”). Continue reading
The International Forum for Responsible Media Blog
Tag: Anonymity (Page 4 of 5)
Marines A & Ors v Guardian News & Media & Other Media [2013] EWCA Crim 2367.
On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Video evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. Continue reading
The Court of Appeal should deal with the issue of how judges should approach the applications for anonymity which are increasingly being made in cases involving settlements of claims such as medical negligence cases, according to a senior judge. Continue reading
Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan. Identification of ‘Marine A’ and three other Marines was prohibited by order of the court-martial which convicted Marine A of murder. At the time of the trial this order was explained in the press as necessary to protect the defendants from physical attacks. Continue reading
For many, social media sites extend simply to Facebook and Twitter. However there are also a number of other enormously popular websites for those who wish to interact with others on the internet including (but by no means limited to) Reddit, 4Chan and Ask.fm. Continue reading
In the case of R (on the application of) Fagan v Secretary of State for Justice [2013] EWCA Civ 1275) the Court of Appeal held that only “clear and cogent evidence” that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family. Continue reading
On 10 October, in what was seen as a setback for the practice of allowing anonymous comments on websites in Europe, the European Court of Human Rights upheld a national ruling in Estonia that found a news portal liable for offensive comments posted by users on its website. Emma Goodman, co-author of a recent report on comment moderation practices looks at the implications of this ruling. Continue reading
The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in the case of ZAM v CFW & Anor [2013] EWHC 662 (QB), encapsulated in the memorable description he quoted in an earlier judgment: “what is to be found on the internet may become like a tattoo“. Continue reading
On 6 February 2013 Mr Justice McCloskey in the High Court of Northern Ireland handed down judgment in the case of AB Ltd and Ors v Facebook Ireland Ltd ([2013] NIQB 14). We had a post about this decision on 9 February 2013. The case concerned what the judge described as a “campaign of public vilification and harassment of the second, third and fourth named plaintiffs by way of publications made upon the Facebook website.” [5] The full judgment is now available. Continue reading
The Panopticon Blog has reported recently on the ICO’s new Code of Practice on Anonymisation. That Code offers guidance for ensuring data protection-compliant disclosure in difficult cases such as those involving apparently anonymous statistics, and situations where someone with inside knowledge (or a ‘motivated intruder’) could identify someone referred to anonymously in a disclosed document. The Upper Tribunal in Information Commissioner v Magherafelt District Council ([2012] UKUT 263 AAC) grappled with those issues earlier this year in the context of disclosing a summarised schedule of disciplinary action. Continue reading
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