Article 8 and the “outside world”: privacy, reputation and employment – Hugh Tomlinson QC

10 01 2019

The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion.  The Court of Human Rights has often noted that private life is “not susceptible to exhaustive definition”, embracing “multiple aspects of the person’s physical and social identity”.  Read the rest of this entry »





Drone hysteria and the serial privacy invaders of the British Press – Hugh Tomlinson QC

24 12 2018

The news last week was dominated by the “Gatwick drones” with the country’s second busiest airport being closed three times in three days and 140,000 passengers being stranded.  On Friday 21 December 2018 a local couple were arrestedfollowing a tip off“.  Read the rest of this entry »





“Britain requires an independent regulator with teeth”, the belated (partial) conversion of the British Press to effective regulation – Hugh Tomlinson QC

6 07 2018

For 70 years the British press has resolutely resisted any form of independent regulation. The oligarchs who control the large media corporations have successfully resisted the regulatory recommendations of inquiries from the 1949 Royal Commission on the Press to the 2012 Leveson Report. Read the rest of this entry »





Case Law, Strasbourg: ML and WW v Germany, Article 8 right to be forgotten and the media – Hugh Tomlinson QC and Aidan Wills

4 07 2018

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. Read the rest of this entry »





The Data Protection Bill, Human Rights and the Daily Mail – Hugh Tomlinson QC

8 05 2018

On Wednesday 9 May 2018, the House of Commons will deal with the Report Stage of Data Protection Bill. [pdf]  Two amendments relevant to press regulation have been proposed. Read the rest of this entry »





Case Law, Strasbourg: Sekmadienis Ltd v Lithuania, Fine over “Jesus” and “Mary” advertising campaign, Article 10 violation – Hugh Tomlinson QC

3 02 2018

In the case of Sekmadienis v Lithuania ([2018] ECHR 112) the Fourth Section of the Court of Human Rights held that a decision to fine a clothing company for the display of adverts referring to “Jesus” and “Mary” was a violation of Article 10. Read the rest of this entry »





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 »