“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 »





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 »