Online Publication Claims: Takedown and Complaint Form Links – Guy Vassall-Adams QC and Hugh Tomlinson QC

24 11 2017

One of the issues lawyers often get asked by their clients is what steps they can take to get unlawful or offensive content removed from the internet without having to bring legal proceedings. The major providers of information society services all provide takedown and complaint forms so that issues can be raised about unlawful material which is published or made available by them. Read the rest of this entry »





Online Publication Claims: Defamatory Meaning Online – Hugh Tomlinson QC and Aidan Wills

9 11 2017

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. Read the rest of this entry »





Online Publication Claims: an Introduction – Guy Vassall-Adams QC and Hugh Tomlinson QC

20 10 2017

The Internet has brought about a global communications revolution. An individual who wishes to communicate with others no longer needs a printing press or a broadcasting operation. Instead information can be communicated worldwide with a few keystrokes. Words, sounds, pictures or videos can, potentially, be communicated to the nearly 48% of the world’s population – 3.2 billion people – who are now estimated to use the internet (see ITU figures). Read the rest of this entry »





Case Law, India: Puttaswamy v Union of India, Supreme Court recognises a constitutional right to privacy in a landmark judgment – Hugh Tomlinson QC

4 09 2017

On 24 August 2017, a nine judge bench of the Supreme Court of India handed down its decision in the important constititutional case of Puttaswamy v Union of India [pdf].  In a remarkable and wide ranging 547 page judgment the Court ruled unanimously that privacy is a constitutionally protected right in India. This is landmark case which is likely to lead to constitutional challenges to a wide range of Indian legislation. Read the rest of this entry »





Case Law, Canada: Google Inc v Equustek Solutions, Supreme Court upholds worldwide Google blocking injunction – Hugh Tomlinson QC

2 07 2017

On 28 June 2017, the Supreme Court of Canada handed down judgment in the controversial case of Google Inc v Equustek Solutions  (2017 SCC 34) dismissing (7:2) Google’s appeal against a worldwide injunction ordering it to remove websites from search results (2014 BCSC 1063).  The result of this decision is that worldwide injunction against Google remains in place. Read the rest of this entry »





Case Law, Strasbourg: Giesbert v France, Sanctions for publishing prosecution statements, no violation of Article 10 – Hugh Tomlinson QC

2 06 2017

In the case of Giesbert v France ([2017] ECHR 504, 1 June 2017)(French only) the Fifth Section of the Court of Human Rights held that Court orders made against the magazine, Le Point, sanctioning the publication of criminal court documents in the high profile “Bettancourt” case did not violate Article 10 of the Convention. Read the rest of this entry »





The “Journalism Exemption” in the Data Protection Act: Part 2, Some Practicalities – Hugh Tomlinson QC

29 03 2017

In Part 1 of this post I argued that the mandatory conditions for the application of the “journalism exemption” in section 32 of the Data Protection Act 1998 (“the DPA”) are strict and required careful case by case consideration.  In this post I will consider some practical consequences of this analysis. Read the rest of this entry »