In an important decision the CJEU has found that the administrator of a Facebook ‘fan page’ was a joint data controller with Facebook Ireland and Facebook Inc, and that a German data protection supervisory authority is competent to assess the lawfulness of data processing carried out by Facebook Germany, applying German data protection law. Continue reading
The International Forum for Responsible Media Blog
Tag: Sara Mansoori (Page 1 of 2)
On 19 May 2016, the Supreme Court handed down its judgment in PJS v News Group Newspapers Ltd [2016] UKSC 26. This much-discussed privacy action brought by a celebrity has generated renewed debate on privacy injunctions. Continue reading
The first privacy injunction case heard by the Court of Appeal since 2011 has recently been published. In PJS v News Group Newspapers ([2016] EWCA Civ 100), the court allowed an expedite appeal against the refusal to grant an interim injunction restraining The Sun on Sunday from publishing an article about a well-known entertainer’s extramarital sexual activities. Continue reading
The privacy injunction is back. This seems to be the message from the courts in 2015 and is supported by anecdotal evidence from practitioners. Lawyers are now being regularly instructed in potential privacy injunction cases, with several in play almost every weekend. While it remains the case that most of the threatened applications are resolved without court hearings there has been a clear increase in contested cases in court in 2015. Continue reading
Preliminary hearings on meaning are becoming the norm in defamation actions, as parties view them as a relatively cheap and efficient way of determining a key issue at the outset. In Barron MP & Others v Jane Collins MEP [2015] EWHC 1125 (QB), three Labour MPs for constituencies in the Rotherham area brought a libel action against a UKIP candidate over a speech she made at the UKIP Conference. Continue reading
Rihanna’s successful claim against Topshop, which prevents it from selling t-shirts displaying a photograph of her, has been reported as being ‘a test case about the ability of celebrities to control their public image’ (see The Guardian’s report of the judgment). It was, in fact, a passing off claim and, as the Court of Appeal made clear in their decision ([2015] EWCA Civ 3), there is in English law no right to control one’s image. Continue reading
An allegation of infidelity is defamatory, but an allegation of infidelity which imperils or destroys a home and family unit is particularly disreputable. This was the position adopted by Danny Simpson, the Premier League footballer, at the trial of a preliminary issue on meaning in respect of an article published in the Daily Mirror in November 2012. Continue reading
It is five months since the ruling in Google Spain v AEPD and Mario Costeja Gonzalez and, as of 13 November 2014, Google had received 166,396 requests for URL removals and has evaluated 562,376 URLs to decide whether to whether to remove them from its search engine. 21,470 of the requests have come from the UK relating to 72,195 URL removals. Continue reading
What do Russell Brand, the owner of Chessington World of Adventures and an anonymised partner of a law firm and a company director all have in common? They have all claimed to have been harassed and have sought anti-harassment injunctions over the summer. Continue reading
The case of Kadir v Channel S Television [2014] EWHC 2305 was a hearing for assessment of damages in a libel claim following default judgment. The Defendant, a Channel broadcasting in the UK in the Bengali language, carried a news item in December 2011 alleging that the Second Claimant, a money transfer business, was reasonably suspected of fraud and that its director, Mr Kadir, had dealt with suspicions against the business’ employees in a highly evasive and incompetent manner. Continue reading
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