Case Law: ZAM v CFW, Court awards anonymity for victim of libellous “paedophile” allegations – Rosalind English

The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in the case of ZAM v CFW & Anor [2013] EWHC 662 (QB), encapsulated in the memorable description he quoted in an earlier judgment: “what is to be found on the internet may become like a tattoo“.

Case Law, Northern Ireland, AB Ltd v Facebook Ireland, Libel damages for anonymous posts

On 6 February 2013 Mr Justice McCloskey in the High Court of Northern Ireland handed down judgment in the case of AB Ltd and Ors v Facebook Ireland Ltd ([2013] NIQB 14).  We had a post about this decision on 9 February 2013.  The case concerned what the judge described as a “campaign of public vilification and harassment of the second, third and fourth named plaintiffs by way of publications made upon the Facebook website.” [5]  The full judgment is now available. 

Redacting for anonymisation: Article 8 and Article 10 in child protection context – Robin Hopkins

The Panopticon Blog has reported recently on the ICO’s new Code of Practice on Anonymisation.  That Code offers guidance for ensuring data protection-compliant disclosure in difficult cases such as those involving apparently anonymous statistics, and situations where someone with inside knowledge (or a ‘motivated intruder’) could identify someone referred to anonymously in a disclosed document. The Upper Tribunal in Information Commissioner v Magherafelt District Council ([2012] UKUT 263 AAC) grappled with those issues earlier this year in the context of disclosing a summarised schedule of disciplinary action.

Case Comment: R (Press Association) v Cambridge Crown Court – Anonymity and sexual offences – Edward Craven

Victims of rape and other serious sexual crimes are entitled to lifelong anonymity under the Sexual Offences (Amendment) Act 1992. It is sometimes suggested that defendants in sex cases should enjoy similar protection until they are convicted at trial. However in a novel twist, a judge recently went one step further and ordered the anonymisation of a convicted rapist in order to protect the identity of his victim.

Case Law: MXB v East Sussex Hospitals – anonymity and online reporting – Lorna Skinner

The judgment in MXB v East Sussex Hospitals NHS Trust ([2012] EWHC 3279 (QB)) raises the short but important point that orders made under section 39 of the Children and Young Persons Act 1933 (“the CYPA”), which prohibit the reporting of proceedings in a manner likely to lead to the identification of a child or young person concerned in them, may not extend to online reporting.

Internet Anonymity: A Very British Dilemma – Paul Bernal

Andy Smith, a senior security official at the Cabinet Office, caused quite a stir at the Parliament and Internet Conference last month, when he suggested that people should use false names and provide false information on the internet – and in particular, when using social networking sites. Reaction was explosive in both directions.

Case Law, Scotland: RAH v MH, an anonymous defamation judgment – Kerry Trewern

The recent decision of the Court of Session in Scotland in RAH v MH ([2012] CSOH 126) is unusual for two reasons.  First, it follows a proof (trial) in a defamation action; a rare beast in the Scottish courts.  Second, parties’ names in the judgment are anonymised.

Another brick in the wall of reputation protection – Roger Waite and Amber Melville-Brown

The story of teacher Jeremy Forrest and his cross-channel flit with a 15 year old pupil Megan Stammers has put the teaching profession firmly into the headlines. But potentially taking teachers out of the headlines is the Education Act 2011 which, when it came into force on Monday 1 October, provided that teachers accused of a criminal offence against their pupils be automatically entitled to anonymity.

News: Privacy Injunction Statistics, January to June 2012 – identifying the cases [Updated]

On 27 September 2012 the Ministry of Justice Published its second statistical report on privacy injunctions, covering the 6 month period January to June 2012. It is noted that, during this period, there were 9 new applications for interim privacy injunctions and 9 applications to continue existing injunctions.  There were 4 cases in which the High Court considered whether or not to issue permanent privacy injunctions and no privacy injunction appeals. Two of the cases involved the media although there appears to have been only one classic “media privacy injunction” application (which was unsuccessful on the return date).

Canada, AB v Bragg Communications: What’s in a Name? Supreme Court allows libel plaintiff to proceed anonymously – Paul Schabas and Adam Lazier

On 27 September 2012 the Supreme Court of Canada released its decision A.B. v. Bragg Communications (2012 SCC 46) a case which deals with the balance between the open courts principle, privacy, and the rights of children.  The Court permitted a teenager to proceed anonymously in her application to find out the identity of her alleged cyberbullies.  The Court did, however, deny her application for a broader publication ban.