On 27 May 2014, the Second Section of the Court of Human Rights handed down a judgment in the case of Mustafa Erdoğan v Turkey vindicating academic freedom and, in particular, the freedom to criticise the judiciary. There is also an important concurring opinion which contains some interesting general reflections on the nature of academic freedom and the reasons why it should be protected under Article 10. Continue reading
The International Forum for Responsible Media Blog
Tag: Hugh Tomlinson QC (Page 5 of 6)
In the case of Salumäki v. Finland ([2014] ECHR 459) the Fourth Section of the Court of Human Rights held that a defamation decision did not violate Article 1o, despite the fact that all the facts in the article in question were true. The article bore an defamatory “innuendo” meaning and applying the Axel Springer criteria, the Court found that the domestic courts had struck a fair balance between the competing interests at stake. Continue reading
In the case of Ageyvey v Russia ([2013] ECHR 346) the First Section of the Court of Human Rights found a number of breaches of Article 8 in a case involving an allegation of child abuse by the parents of an adopted child. In particular, the Court found that there had been a failure adequately to investigate the unauthorised disclosure of confidential information and failure to protect the right to reputation of a parent suspected of child abuse. Continue reading
Representatives of the local and regional press continue to express concern about the key Leveson recommendation that a self-regulator must offer an “arbitration service”. The purpose of this recommendation is to provide “access to justice” for complainants whilst reducing the burden of legal costs for publishers. Continue reading
There has, over the last few months, been widespread criticism from the press of Lord Justice Leveson’s recommendations about exemplary damages. These recommendations have been widely misreported and misunderstood. Many have been misled by words like “punitive” and “fines” into thinking that such damages would be imposed as a matter of routine on publishers who make mistakes. In fact, properly understood, exemplary damages are the best available approach for protecting the rights of victims and public interest journalism. Continue reading
The media continue to seek to resist Lord Justice Leveson’s proposals for the self-regulation of the press by appeals to their “human rights”. A number of legal opinions opposing the proposals have been leaked to the press although, as far as I am aware, none have in fact been published. Whilst it is good to see that the Daily Mail and the Daily Telegraph have become converts to the value of the European Convention on Human Rights, these claims do not – on analysis – undermine the Leveson proposals.
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According to Lord Justice Leveson, one of the key requirements of a new independent press regulator is an “arbitration service”. The recommendation is that the regulator should provide “an arbitral process in relation to civil legal claims against subscribers, drawing on independent legal experts of high reputation and ability on a cost-only basis to the subscribing member” (Recommendation 22). Continue reading
Hacking, blagging and bribing were, for many years, standard journalistic techniques in parts of the British press. Their exposure led to continuing police investigations, over 100 arrests, several criminal prosecutions and the Leveson inquiry. These criminal techniques were accompanied by intrusion, bullying, inaccuracy and a range of other abuses by the press. Continue reading
This is the second part of a two part post, the first part was published on 7 February 2013.
Licensing of the presses disappeared at the end of the seventeenth century and, over the next three centuries parliament did not seek to impose any general legal framework on the press. This remains the position. Unlike many other countries who are subject to the European Convention on Human Rights the United Kingdom does not have any general legal framework to define the rights and responsibilities of the media. Continue reading
Over the last four years issues of media law and regulation have moved from being the concern of a few specialists and academics into the mainstream of public debate. They have moved from the media and law pages of the broadsheets to the front pages of the tabloids. The key events are well known. Continue reading
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