As I observed in Part I of this article, no UK court has yet issued a judgment in a libel or defamation claim concerning AI-generated content, but several cases and legal actions are emerging and the issue is widely anticipated to reach the courts soon. Proceedings are emerging in other jurisdictions in the US (see Part I) and in Australia. Continue reading
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Tag: UK Human Rights Blog (Page 1 of 5)
We all want to know about American libel law, now that President Trump has launched his pre-action missile at the BBC. If he pursues his claim it will be under Florida law, where his defamation action will not be statute barred. In the UK such claims must be commenced within one year of publication; Florida allows two. Continue reading
This post is the second part of two posts on the draft Online Safety Bill. The first post, found here, detailed the mechanics of the proposed bill in detail. This post will summarise some of the civil society responses since the publication of the draft bill, attempting an evaluation of how reasonable those responses are in light of the available information. Continue reading
The dust has settled since the government released its draft Online Safety Bill. Now is therefore a good time to evaluate its aims, methods, and potential impacts, which we will do so in this two-part post. Continue reading
On 16 September 2020, in the case of BC v Chief Constable of the Police Service of Scotland ([2020] ScotCS CSIH 61) the Inner House of the Court of Session refused a reclaiming motion in relation to the use of racist, antisemitic and sexist WhatsApp messages in misconduct proceedings against ten police officers. Continue reading
Public order cases involving protests have always sparked controversy, with the collision between the state’s responsibility to ensure the smooth running of civil society and the individual citizen’s right to draw attention to what they regard as a pressing moral concern. Continue reading
In Part 1 we looked at the circumstances in which a court may be prepared to grant anonymity in personal injury proceedings, and the applicable principles. In Part 2 I consider practical issues in the drafting of these orders, and problems encountered in this. Continue reading
Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings. Continue reading
In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to freedom of assembly and freedom of expression and the protection of property rights. Continue reading
In the case of R (P, G and W) and Anor v Secretary of State for the Home Department and Anor [2019] UKSC 3 the Supreme Court upheld challenges to the legal regimes for disclosing criminal records in England and Wales, and Northern Ireland, finding them to be incompatible with Article 8 of the European Convention on Human Rights (“ECHR”). Continue reading
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