Copyright and Hyperlinking: Svensson, free to link or link at your risk? – Graham Smith

23 02 2014

IE-Forum Svensson retriever Sverige ABThe decision of the European Court of Justice in Svensson v Retriever Sverige AB (Case C‑466/12, 13 February 2014) has established some important points about the legality of linking under EU copyright law: Read the rest of this entry »

News, France: Conseil d’État rejects application by Google for stay of data protection decision

11 02 2014

Google-5By an order made on 7 February 2014, the Conseil d’État rejected application for a stay of a decision by the French information commissioner, CNIL, imposing a fine of €150,000 for a violation of privacy law on Google and ordering it to post a notice of the fine for 48 hours on its home page. Read the rest of this entry »

The EU’s commitments to free expression: Libel and privacy – Mike Harris

4 01 2014

euflag_20130620_02The law of libel, privacy and national “insult” laws vary across the European Union. In a number of member states, criminal sanctions are still in place and public interest defences are inadequate, curtailing freedom of expression. Read the rest of this entry »

Plenty to Retain? Opinion of the Advocate General in Digital Rights Ireland – Orla Linskey

19 12 2013

European Court of JusticeIn what circumstances is it possible for the EU to introduce a directive which limits the exercise of fundamental rights guaranteed by the EU Charter? This is just one of the many questions of constitutional significance which the Court is asked to address in Joined Cases C-293/12 and C-594/12. 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 »

EU Commission opens consultations on media freedom and pluralism and audiovisual media regulator independence

27 03 2013

logo_enOn 22 March 2013 the European Commission launched  two public consultations, open until 14 June 2013.  The consultations formalise a debate started by recommendations made in January 2013 by an independent High Level Group (HLG) on Media Freedom and Pluralism convened by the Commission. Read the rest of this entry »

EU Publishes Report – “A free and pluralistic media to sustain European Democracy”

25 01 2013

Neelie Kroes, with Prof Herta Daubler-Gmelin (left) and Prof Vaire Vike Freiberga

The EU High Level Group on Media Pluralism and Freedom has published a report “A free and pluralistic media to sustain European democracy”.   This makes recommendations for the respect, protection, support and  promotion of pluralism and freedom of the media in Europe.  It expresses concern over the “rejection out of hand” of the Leveson recommendations by “some politicians in high office”. Read the rest of this entry »

Case Law: F v G – Anonymity Orders and Extended Restricted Reporting Orders in the Employment Tribunals – Claire Darwin

1 12 2011

The current President of the Employment Appeal Tribunal, Underhill J, in a judgment which contains a comprehensive review of the law on the use of Restricted Reporting Orders and Anonymity Orders in the Employment Tribunal (F v G (Practice and Procedure: Reporting Restriction order) UKEAT/0042/11/DA), has anticipated the arrival of the Extended Restricted Reporting Order. This is an order which derives from either EU Law or the European Convention of Human Rights. The scope of such an order is potentially far wider than an order under the statutory regime for anonymisation in the Employment Tribunal (found at rule 49 and 50 of the Employment Tribunal Rules of Procedure), or an Anonymity Order. Read the rest of this entry »

Case Law: Davison v Habeeb & Ors – the liability of blog platforms in defamation cases – Gervase de Wilde

30 11 2011

A blog offers unprecedented scope for self-publication. But can the providers of blog platforms, whose business model is to make the process as easy as possible, be held liable for their contents in English law? This question was addressed in the case of Davison v Habeeb ([2011] EWHC 3031 (QB)) handed down on 25 November 2011 by HHJ Parkes QC (sitting as a judge of the High Court). The decision was made on an application by Google Inc. to set aside an earlier order in a defamation action in which it had been named as a party. This was due to its ownership and control of  popular blog publishing tool Blogger, which had been used to publish material about the claimant, Ms Andrea Davison. Read the rest of this entry »

Publish and be Sued: But Where? – Aidan O’Neill QC

10 11 2011

If private information material has been published on the Internet where can the wronged individual bring an action, and what law applies? These are the questions posed of the CJEU by the German Federal Court of Justice (the Bundesgerichtshof) and by the Tribunal de Grande Instance (Paris) in two cases – respectively eDate Advertising GmbH v. X, C-509/09 and Martinez v. Mirror Group Newspapers Limited, C-161/10 – which were heard and decided on together by the Grand Chamber of the Luxembourg Court on 25 October 2010. Read the rest of this entry »


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