Case Law: V v Associated Newspapers Ltd and Ors, Court of Protection orders continued reporting restrictions after death – Rosalind English

28 04 2016

kidney_dialysisIn the case of V v Associated Newspapers Ltd ([2016] EWCOP 21) the Court of Protection ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death. Read the rest of this entry »





Case Law: Tickle v North Tyneside, Judge allows publication of article about children in care – Rosalind English

26 10 2015

anonymous-femaleBefore the court in the case of Tickle v Council of the Borough of North Tyneside and others ([2015] EWHC 2991 (Fam)) were cross applications by a journalist and the local authority regarding care proceedings which the former wished to report. The individual in question was a mother (representing herself in these proceedings) who had had a number of children taken into care in the past. Read the rest of this entry »





Case Law: Merlin Entertainments v Cave, When does a righteous campaign shade into harassment? – Rosalind English

3 10 2014

chessington_world_of_adventures_kobra2The case of Merlin Entertainments LPC v Peter Cave ([2014] EWHC 3036 (QB)) explores the extent to which a campaign of criticism, conducted by internet and email, can merit restraint by the civil courts. As the judge says, whatever the aims of the campaign in question, its supporters may, in the course of their activities, annoy, irritate, and upset companies and individuals.  But should the courts interfere, before the question whether the campaign is justified has been decided?  And to what extent is such a campaign a criminal offence? Read the rest of this entry »





Case Law, Northern Ireland: J19 and J20 v Facebook Ireland, “Imprecise” injunctions against Facebook unenforceable – Rosalind English

5 12 2013

FacebookIn the case of J19 and J20 v Facebook Ireland ([2013] NIQB 113) the High Court in Northern Ireland chose to depart from the “robust” Strasbourg approach to service providers and their liability for comments hosted on their sites. Such liability, said the judge, was not consonant with the EC Directive on E-Commerce. Read the rest of this entry »





Case Law: R (London Christian Radio) v Radio Advertising Clearance Centre: When is an advert “political” for the purposes of a ban under the Communications Act? – Rosalind English

23 11 2013

20090327_radio_microphone_18R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre & Secretary of State for Culture, Media and Sport [2013] EWCA Civ 1495The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant. Read the rest of this entry »





There is no right ‘to be forgotten’ by internet search engines – Rosalind English

4 07 2013

google-sign-9-e1358333567693Case C-131/12: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González –  Opinion of AG Jääskinen. This reference to the European Court of Justice (CJEU) concerned the application of the 1995 Data Protection Directive  to the operation of internet search engines. Read the rest of this entry »





Case Law, Strasbourg: Eon v France, Satirical insult of head of state should not be a criminal offence – Rosalind English

17 03 2013

PRS AUTOCEon v France, no. 26118/10   14 March 2013- read judgment (in French only).  The applicant, Hervé Eon, is a French national, a socialist and anti-GM activist living Laval (France). The case concerned his conviction for insulting President Sarkozy.

During a visit by the President to the département of Mayenne on 28 August 2008, Mr Eon had waved a placard reading “Casse toi pov’con” (“Get lost, you sad prick”), a phrase uttered by the President himself several months previously when a farmer had refused to shake his hand at the International Agricultural Show. The utterance was widely disseminated in the media and on the internet, attaining the status of a slogan. Read the rest of this entry »