United States: Defamation, Facebook and the Seventh-Graders – Susan Brenner

25 10 2014

SWW-classroom1This post examines a recent opinion which the Court of Appeals of Georgia issued in a civil case: Boston v. Athearn, 2014 WL 5068649 (2013). This was a case in which Alexandria Boston (`Alex’), a minor, through her parents Amy and Christopher Boston, brought an action againt Dustin Athearn (‘Dustin’), a minor, his parents, Sandra and Michael Athearn, and other defendants. Read the rest of this entry »





Judicial Statistics: 2013 Defamation claims down 24%, no privacy injunctions Jan-June 2014

24 10 2014

ministry-of-justiceWe have, once again belatedly, caught up with the most recent annual Judicial Statistics – those for 2013.  These show a substantial decrease in the number of issued defamation claims, down 24% from 2012.  In 2013 there were 142 issued defamation claims in London (where the large majority of claims are made) – as opposed to 186 in 2012.  This is the lowest annual figure since 2002 and appears to be the second lowest of all time. Read the rest of this entry »





Case Law, Northern Ireland, Loughran v. Century Newspapers, Statutory Qualified Privilege and Malice – Olivia O’Kane

24 10 2014

27358-sir-gerry-loughran-bwIn the case of Loughran v Century Newspapers ([2014] NICA 26) the Northern Ireland Court of Appeal considered a case in which a newspaper relied on the Curistan principle in relation to statutory qualified privilege and decided that a pleaded case of malice was not fit to go to the jury. Read the rest of this entry »





Case Law, Strasbourg: Firma EDV für Sie v Germany, Article 8, companies and the right to reputation – Hugh Tomlinson QC

9 10 2014

ARCHITECTURE STOCKThe decision in Firma EDV für Sie, EfS Elektronische Datenverarbeitung Dienstleistungs GmbH v Germany (App No, 32783/08, 2 September 2014) involved a consideration of the interesting question as to whether a company has a right to reputation under Article 8.  The Fifth Section of the Court proceeded on the basis that a company did have such rights. The application was, however, found to be inadmissible on the basis that a fair balance had been struck between Articles 8 and 10 by the domestic court. Read the rest of this entry »





News: Spanish GP wins libel claim against the Daily Mail, damages of £45,000

6 10 2014

Daily-MailA Spanish GP based in Hastings, Dr Jose Antonio Serrano Garcia, has won his libel action against the Daily Mail based on an April 2012 column by Kelvin MacKenzie.  He was awarded damages of £45,000. Read the rest of this entry »





Carter-Ruck: guardians of free speech: yes, really – Hardeep Singh

4 10 2014

carter-ruckFreelance journalist Hardeep Singh faced the fight of his life when he was personally sued by a Sikh holyman in what would become a cause celebre in the campaign for libel reform. He was thrown a lifeline in his free speech battle from what many journalists would see as an unlikely source. Read the rest of this entry »





Michaelmas Term 2014: Upcoming Media Law Trials, Appeals and Judgments, Updated2

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 »








Follow

Get every new post delivered to your Inbox.

Join 3,922 other followers