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 »





Australia: A landmark judgment – David Rolph

28 08 2014

gazetteNSW Supreme Court Justice Lucy McCallum’s decision last week to permanently stay Roland Bleyer’s defamation proceedings against Google Inc (Bleyer v Google [2014] NSWSC 897) is a landmark judgment for two reasons.

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Case Law, Australia: Bleyer v Google Inc, “Search results” libel action stayed as “disproportionate” – Hugh Tomlinson QC

22 08 2014

Roland BleyerIn the case of Bleyer v Google ([2014] NSWSC 897) the Supreme Court of New South Wales stayed a libel action  against Google Inc based on defamatory snippets because the resources of the court and the parties that would be expended were disproportionate to the plaintiff’s interest in obtaining vindication.  In the course of her judgment McCallum J held that Google was not the publisher of the results produced by its search engine. Read the rest of this entry »





Case Law: Yeo v Times Newspapers, Judge dismisses Times application for jury trial and determines meaning – Media Lawyer

21 08 2014

Tim YeoIn a judgment handed down on 20 August 2014 in the case Yeo v Times Newspapers ([2014] EWHC 2853 (QB)) Mr Justice Warby decided that the trial of a defamation action brought against the Sunday Times by senior Conservative MP Tim Yeo will take place without a jury.  The Judge dismissed an application by the newspaper’s publisher, Times Newspaper Ltd, for a jury trial.  He went on to determine the meaning of the words complained of. Read the rest of this entry »





Case Law: Australia, North Coast Children’s Home Inc. v Keith Martin, the perils of digital defamation – Yvonne Kux

17 08 2014

gazetteIn the case of  North Coast Children’s Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin ([2014] NSWDC 125) a foster care organisation and two of its employees who sued over Facebook posts and emails which alleged child abuse, have been awarded a total of $250,000 in damages. Read the rest of this entry »








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