Case Law, Strasbourg: Standard Verlagsgesellschaft mbH v Austria, Narrow approach to “value judgments” leads to rejection of Article 10 application – Emma Foubister

8 12 2017

In Standard Verlagsgesellschaft mbH (No.2) v Austria [2017] ECHR 1040,  the Fifth Section of the European Court of Human Rights (“the Court”) held that ordering a newspaper to pay compensation to a politician falsely accused of being the spiritus rector (guiding spirit) of a spying operation did not violate Article 10 of the European Convention on Human Rights (“the Convention”). Read the rest of this entry »





Case Law: Brown v Bower, Judge rejects parties’ agreement as to what is defamatory – Emma Foubister

8 11 2017

In the case of Brown v Bower [2017] EWHC 2637, the High Court considered the proper application of the repetition rule in determining the meaning of a statement about an MP in a book about the Blair government. Nicklin J made interesting observations about whether the statement was defamatory and the effect of the parties’ agreement that it was. Read the rest of this entry »





Case Law, Strasbourg: Fuchsmann v Germany, Refusal to grant website defamation injunction did not breach Article 8 – Emma Foubister

25 10 2017

In Fuchsmann v Germany, the Fifth Section of the European Court of Human Rights held that an entrepreneur’s Article 8 rights were not violated by the publication of an article linking him to Russian organised crime. Read the rest of this entry »





Case Law, Al-Ko Kober Ltd v Sambhi: Malicious Falsehood and Data Protection injunctions to restrain YouTube videos – Emma Foubister

12 10 2017

In the case of Al-Ko Kober Ltd & Anor v Sambhi [2017] EWHC 2474 (QB), Mrs Justice Whipple took the unusual step of granting an application for: (1) an interim injunction in malicious falsehood; and (2) an order to cease processing personal data under section 10(4) of the Data Protection Act (‘DPA’). Read the rest of this entry »