The International Forum for Responsible Media Blog

Tag: Brett Wilson Media and Communications Law Blog

Fighting fire with fire: making counter-allegations in response to a libel – Adham Harkin and Tom Double

It is normally defamatory to allege that a party has committed a serious crime.  However many publishees will choose to publicly rebut an allegation, accuse the publisher of dishonesty and/or make counter-allegations, rather than sue for libel.  But does this itself not put the accused at risk of being sued for defamation themselves? Continue reading

Case Law: Parkes v Hall, Should litigants in person get less leeway in libel cases? – Adham Harker

The question of how much leeway a litigant-in-person should get when it comes to compliance with the Civil Procedure Rules (‘CPR’) and court orders is a long-argued and fraught one.  The concept of litigants-in-person being treated in the same way as those professionally represented has been eroded over time with concessions here and indulgences there. Continue reading

Case Law: Fairhurst v Woodard, Neighbour CCTV harassment and data protection claim succeeds – Percy Preston

Ring Video Doorbell 2 image 1On 12 October 2021, Oxford County Court handed down judgment in Fairhurst v Woodard (Case No: G00MK161).  A dispute between neighbours over the use of cameras for security purposes, the case gave rise to successful claims in harassment and data protection, and offers an important note of caution for those looking to install surveillance systems to protect their homes. Continue reading

Libel: Section 13 of the Defamation Act 2013, Removal orders against non-parties – Adham Harker

Section 13(1) of the Defamation Act 2013 allows a Court to order that a non-party to cease communicating a defendant’s defamatory statement.  Such an order can be made against a website operator, requiring them to remove the statement (section 13(a)), or any person who was not the author, editor or publisher of the defamatory who is distributing, selling or exhibiting material containing the statement (section 13(b)).  Such orders are made after a claimant has obtained judgment. Continue reading

Case Law: Vardy v Rooney, Wagatha Christie: Court rules on strike out and summary judgment application – Adham Harker

The ‘Wagatha Christie litigation’, as it is affectionately known, is the fascinating case of mistrust between friends and a sting operation to find a leak.  Colleen Rooney (wife of footballer Wayne) became concerned that ‘stories’ she was publishing to her private Instagram account – to which only her actual friends had access – were being reported in the Sun newspaper. Continue reading

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