Under the European Convention on Human Rights, States have obligations ensure the protection both the freedom of expression and of the reputation in their domestic law. The dismissal by a domestic court of a defamation claim may be a breach of the positive obligation to protect the claimant’s reputation. The recent case of Lavric v. Romania ([2014] ECHR 44) provides a particularly striking example of such a breach.
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Tag: Hugh Tomlinson
Press regulation debate: Supporting the Leveson System, a reply to Helen Anthony – Hugh Tomlinson QC
In a recent piece on this blog Helen Anthony argued that the proposed Royal Charter framework for self-regulation of the press was objectionable because of the “statutory incentives” under sections 34 to 42 of the Crime and Courts Act 2013. These, she suggests, gives rise to various legal and moral difficulties. Continue reading
One of the possibilities being considered by Lord Justice Leveson as he writes the Report for Part 1 of his Inquiry is whether there should be compulsory regulation of the print media. One widely discussed possibility is a statutory framework which would require any publisher with turnover or readership above a set threshold to join a “regulatory body”: compulsory regulation for large publishers. Continue reading
In February the “Media Regulation Roundtable” of academics, journalists, lawyers and others brought together under the auspices of the Reuters Institute for the Study of Journalism and the Media Standards Trust published a proposal for a new system of media regulation.
Before Lord Justice Leveson can begin to formulate a plan for the regulation of the press, one that meets the criteria he indicated that he favoured when addressing the Inquiry on 28 May 2012, he will have to have a hard look at some practical issues.
It is easy enough, and many have already tried, to put forward broad principles for reform, but a lot harder to devise a detailed, workable system. Continue reading
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