Michaelmas Term 2014: Upcoming Media Law Trials, Appeals and Judgments

1 10 2014

Royal CourtsThe new legal term – Michaelmas – starts today and will end on 19 December 2014.  With the invaluable assistance of Mr Benjamin Pell we have prepared a list of the upcoming defamation and privacy judgments, trials and appeals.  We would be grateful to readers for information about any other listed or pending cases.  We will then update this post. Read the rest of this entry »





Defamation Act 2013, Serious Harm and the Cooke costs ruling – Oliver Fetiveau

30 09 2014

Mr-Justice-BeanOn 13 August 2014 Mr Justice Bean handed down his judgment in the case of Cooke v MGN ([2014] EWHC 2831 (QB)).  This was the first case in which the requirement for ‘serious harm’, as newly prescribed by the Defamation Act 2013 (the “2013 Act”), was considered. Read the rest of this entry »





It came from CyberSpace: Defamation Law and the Internet – Judith Gibson

26 09 2014

gazetteIn an important new paper, the New South Wales District Court’s Defamation List Judge Judith Gibson looks at the case law on defamation and the internet, from both the plaintiff and defendant points of view.  The paper was given at the NSW State Legal Conference on Thursday 28 August 2014. Read the rest of this entry »





Case Law, New Zealand: Murray v Wishart, Web hosts’ defamation liability restricted – Steven Price

22 09 2014

FacebookIn the significant New Zealand Court of Appeal decision in Murray v Wishart ([2014] NZCA 461) the judges unanimously ruled that a third party publisher (the owner of a Facebook page that contained comments by others) was not liable for other people’s comments simply because he “ought to have known” that they contain defamatory material (even if he didn’t actually know of the content of the comments). Read the rest of this entry »





Case Law, Luxembourg: Papasavvas, Civil liability for Internet publishing: the CJEU clarifies the law – Lorna Woods

16 09 2014

LUXEMBOURG : Institutions Europeennes + VilleThe CJEU judgment in Papasavvas handed down on 11 September 2014 is the most recent in a line of cases seeking to trace the edges of the concept of ‘intermediary’ for the purposes of EU information technology law, a question that has become rather more problematic than when the eCommerce Directive was first drafted in 2000. Read the rest of this entry »





Defamation Act 2013: Serious Harm, a win for the press? – Oliver Fetiveau

12 09 2014

Oliver FetiveauIt appears that, as a result of the recent decision in Cooke v MGN ([2014] EWHC 2831 (QB)), the Press may be able to escape the financial cost of defamation, and reap the financial reward, simply by issuing an early apology.  This has serious implications for the new press regulatory body, the Independent Press Standards Organisation (“IPSO”), established this week. Read the rest of this entry »





Libel Juries: How Tim Yeo and Mr Justice Warby buried the Seven Bishops – Alan Richards

3 09 2014

The_Seven_Bishops_committed_to_the_Tower_in_1688_from_NPGIt is ironic – and perhaps a little shocking – that an early high-profile beneficiary of the abolition of the right for juries to try libel cases in England and Wales should be a Member of Parliament – one who will doubtless have supported the Defamation Act 2013 that removed the long-standing right. So, step forward Tim Yeo, who will not (thanks to the new law and a sympathetic judge) have 12 jurors facing him in court who need to be persuaded that he did not show willingness “to abuse his position in Parliament to further his own financial and business interests in preference to the public interest“.* Read the rest of this entry »








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