Case Law: JC v Central Criminal Court, Anonymity protection for under age defendants expires when they are 18 – Rosalind English

10 04 2014

male-female-silhouetteThe case of J & T v Central Criminal Court ([2014] EWHC 1041 (QB)) raised the question whether an order made under s. 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years, can last indefinitely or whether it automatically expires when that person attains the age of 18 years. Sir Brian Leveson P, giving the judgment of the Court, said that this point: Read the rest of this entry »





Anonymity and defamation – Dr David Rolph

22 02 2014

gazetteHow is an anonymous plaintiff compatible with the public vindication of damage to reputation? … And what is the nature of the evolving relationship between defamation and privacy? Media law academic Dr David Rolph reflects on two significant cases. Read the rest of this entry »





Case Law: Swansea v XZ, reporting restriction order prevents identification of criminal defendant [Updated]

13 02 2014

male-female-silhouetteIn the case of Swansea v XZ ([2014] EWHC 212 (Fam)), which Moor J described as “wholly exceptional”, an order was made preventing the reporting the name of a defendant who had pleaded guilty in a criminal case (“the Mother”). Read the rest of this entry »





Case Law: R v Marines A to E, Reporting restrictions at courts martial, the need for a structured approach – Simon McKay

12 01 2014

Royal-Marine-video-012Marines A & Ors v Guardian News & Media & Other Media [2013] EWCA Crim 2367.

On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Video evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. Read the rest of this entry »





Case Law: JXMX (A Child) v Dartford and Gravesham NHS Trust: Anonymity issue “needs Court of Appeal view” – Media Lawyer

27 12 2013

taysilhouetteThe Court of Appeal should deal with the issue of how judges should approach the applications for anonymity which are increasingly being made in cases involving settlements of claims such as medical negligence cases, according to a senior judge. Read the rest of this entry »





Will Marine “A” keep his anonymity? – James Michael

19 11 2013

_70999958_70992440Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan. Identification of ‘Marine A’ and three other Marines was prohibited by order of the court-martial which convicted Marine A of murder. At the time of the trial this order was explained in the press as necessary to protect the defendants from physical attacks. Read the rest of this entry »





Unveiling the anonymous: Cyber abuse – Tim Lowles

2 11 2013

anonymous-internet-surfer-300x199For many, social media sites extend simply to Facebook and Twitter. However there are also a number of other enormously popular websites for those who wish to interact with others on the internet including (but by no means limited to) Reddit4Chan and Ask.fm. Read the rest of this entry »





Case Law: R (Fagan) v Justice Secretary, Court of Appeal refuses anonymity for offender – Rosalind English

27 10 2013

anonymity21In the case of R (on the application of) Fagan v Secretary of State for Justice [2013] EWCA Civ 1275) the Court of Appeal held that only “clear and cogent evidence” that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family. Read the rest of this entry »





Is Anonymous Commenting Under Threat in the EU? – Emma Goodman

25 10 2013

emma-goodman-150x150On 10 October, in what was seen as a setback for the practice of allowing anonymous comments on websites in Europe, the European Court of Human Rights upheld a national ruling in Estonia that found a news portal liable for offensive comments posted by users on its website. Emma Goodman, co-author of a recent report on comment moderation practices looks at the implications of this ruling. Read the rest of this entry »





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

27 04 2013

How-to-Remove-Online-Defamation-Review-Using-Legal-Action-2The 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“. Read the rest of this entry »








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