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 »





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 »








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