In the case of IVT v Romania ([2022] ECHR 189) the Fourth Section of the European Court of Human Rights found that the domestic courts had breached an 11 year old ‘s Article 8 rights in dismissing her claim based on the broadcast of an television interview which had been conducted without obtaining parental consent. Although the child’s face was blurred she was still identifiable on the broadcast. The Court emphasised that parental consent was not a mere formality but was an important safeguard for the rights of children. Continue reading
The International Forum for Responsible Media Blog
Tag: Hugh Tomlinson QC (Page 1 of 6)
In the case of Hurbain v Belgium [2021] ECHR 544 (in French only), the European Court of Human Rights (Third Section), held that an order to anonymise an article in a newspaper’s electronic archive (which referred to a person’s involvement in a fatal road traffic accident for which they were subsequently convicted) did not breach the applicant publisher’s right to freedom of expression under Article 10 of the European Convention on Human Rights. Continue reading
In the case of Webb v Jones [2021] EWHC 1618 (QB) Griffiths J struck out a claim for libel based on seven Facebook posts due a of serious deficiencies in the particulars of claim. He refused permission to amend on the basis that the case was “unwinnable”. The case provides important lessons for those dealing with libel claims based on social media posts. Continue reading
In the case of Milosavljević v. Serbia ([2021] ECHR 441) the Court of Human Rights, Second Section, dismissed an Article 10 complaint by a journalist who had been subject to an adverse defamation judgment in respect of an article accusing a local public official of trying to rape an underage Romani girl. Continue reading
In the case of R (on the application of Bridges) v Chief Constable of South Wales Police ([2020] EWCA Civ 1058) the Court of Appeal held that the live automated facial recognition technology (“AFR”) used by the South Wales Police Force (“SWP”) was unlawful as it was not “in accordance with law” for the purposes of Article 8 of the ECHR. Continue reading
In an important privacy judgment handed down on Friday 15 May 2020 in the case of ZXC v Bloomberg LP ([2020] EWCA 611) the Court of Appeal upheld Nicklin J’s finding that the publication of an article containing confidential information obtained from a UK law enforcement agency which was investigating a businessman was a misuse of private information. Continue reading
In Rudd v Bridle [2019] EWHC 893 (QB), Warby J tried a number of issues arising out of a data subject access request (“DSAR”) under s.7 of the Data Protection Act 1998 (“the DPA 1998”). He held that information provided to the Claimant was inadequate, rejected the Defendant’s entitlement to rely on three claimed exemptions and ordered him to provide the Claimant with further information. Continue reading
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”. Continue reading
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 arrested “following a tip off“. Continue reading
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. Continue reading
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