EC and UK Communication Reviews: where are we going? – Damian Tambini

17 09 2013

DamianTambini_The current paradigm of electronic communication governance in the UK consists mainly in promoting competition to ensure that consumers can choose the services they prefer. In areas – such as public service media – where markets fail, or where an agreed public interest is thereby served, public provision or specific regulations protect key interests. Read the rest of this entry »





Anonymous posters and the new Defamation Act: the draft regulations – Graham Smith

29 08 2013

Anonymous PosterSection 5 of the Defamation Act 2013 provides (or will do when the Act comes into force) a complete defence from a defamation claim for a website operator who can show that it did not post the statement on the website.  This is a significant new protection for website operators. Read the rest of this entry »





Hackgate – Project Riverside and The SOCA Report

2 07 2013

What price privacy now?On 22 June 2013 the Independent published a genuine scoop – ‘The Other Hacking Scandal‘ (here).  Tom Harper obtained and reported on the full and unredacted version of the 2008 Serious Organised Crime Agency (SOCA) report on ‘Project Riverside’. It collated and detailed five investigations uncovering serious illegalities by ‘rogue element’ private investigators. The Indy’s scoop triggered a chain reaction amongst some of Harper’s fellow journalists seeking to blame Leveson for keeping them in the dark. Read the rest of this entry »





Leveson: police and the media, the proposals – Alex Bailin QC

3 12 2012

media-leveson-1Whilst the headlines reverberating from the Leveson Report are dominated by the theme of press regulation, tucked away deeper in the Report are some very significant proposals concerning journalistic protection and the relationship between the media and the criminal law. Read the rest of this entry »





The Many Mythologies of Press Freedom, Part 2, Media Self-Censorship – Julian Petley

11 10 2012

The Sun is far from alone in attacking other media organisations, but newspapers routinely calling for the censorship of other media is a paradoxical and extremely distasteful sight.  It is one which casts a good deal of doubt on the sincerity of their demands before the Leveson Inquiry that press freedom must be protected above all else. Press freedom is but one aspect of media freedom in general, and if newspapers cannot see that there is the starkest of contradictions in calling for their own freedom (self-circumscribed though it is) to be defended whilst bawling for the censorship of other media, then the clock really has struck thirteen. Read the rest of this entry »





Is Leveson ‘Fit and Proper’ to deal with Media Ownership: the response – Damian Tambini

14 06 2012

Following my post a couple of weeks ago, the Leveson Inquiry continues to struggle with its terms of reference and the particular question of whether it should make recommendations on media ownership. Leveson himself chose yesterday  (at 94-103 minutes) to ask Ed Miliband whether he could avoid making detailed recommendations on the controversial topic. The Judge, perhaps seeking political cover for a possible decision to duck the question of media ownership, sought to clarify the responsibility set for him by the terms of reference of the Inquiry. Read the rest of this entry »





McNae’s: still essential, 21 editions later – Judith Townend

30 03 2012

A journalist with no formal legal training gave his name to the industry’s media law “bible”.

Leonard McNae, 1902-1996, wrote the first Essential Law for Journalists for the National Council for the Training of Journalists (NCTJ), which was published as a book in 1954, replacing the NUJ’s The Pressman and the Law by G.F.L. Bridgman of the Middle Temple. Read the rest of this entry »





Law and Media Round Up – 26 March 2012

26 03 2012

Media law news this week was dominated by the Tulisa privacy injunction and the long-awaited judgment in Flood v Times Newspapers. Tulisa used a YouTube video, which has now attracted over 3.5 million views, to “set the record straight” following the leak and publication of a private video. Read the rest of this entry »





Practice: Without notice injunction procedure – a further warning for practitioners

23 03 2012

Practitioners have, again, been reminded in strong terms of the need for strict compliance with the Civil Procedure Rules when applications are made for “without notice” injunctions.  It has again been pointed out that notice is a matter of “elementary” justice and that, if it is not given, CPR 25.3(3) and PD 25A para 4.3 require the service of evidence stating the reasons why notice has not been given. Read the rest of this entry »





News: James Murdoch resigns from News International – Laura Sandwell

29 02 2012

In what will be seen by many as another piece of phone hacking fallout, James Murdoch has left the News Corporation English newspaper business and moved to New York.  In a statement released today by parent group News Corporation, it was announced that James Murdoch has relinquished his position as Executive Chairman at News International. Read the rest of this entry »








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