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Tag: Hugh Tomlinson QC (Page 2 of 6)

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

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. Continue reading

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

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). Continue reading

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

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. Continue reading

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

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. Continue reading

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

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. Continue reading

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