Does Google Spain drive a coach and horses through the safe harbour defences? – Ashley Hurst

19 06 2014

e-commerce_headerAs the shock waves of the ECJ’s decision in Google Spain v González [2014] EUECJ C-131/12 (13 May 2014) continue to lap up against California’s shorelines, thorny questions continue to arise by the day as to the scope of the decision. Read the rest of this entry »





How far does the “right to be forgotten” extend? – Ashley Hurst

25 05 2014

Ashley HurstPerhaps the most critical question for Google’s lawyers when receiving a deluge of new take-down/ blocking requests will be when the data processing complained of is unlawful within the EU data protection regime and when Google has the requisite knowledge of such unlawful processing. Read the rest of this entry »





Defamation Act 2013: Section 5, it’s decision time for website operators – Ashley Hurst

6 01 2014

WebsiteWith the Defamation Act 2013 (the “Act”) now in force, the first section 5 notices will no doubt already be rolling in and website operators will be deciding whether or not to employ the new defence. To assist in their decision, the Ministry of Justice (“MOJ”) has whittled its guidance on the section 5 Regulations (the “Regulations”) down to 8 pages (guidance) and added a few more “frequently asked questions”, bringing the total number to 56 (FAQs). Read the rest of this entry »





The Section 5 Defamation Act Regulations: A complex red herring – Ashley Hurst

16 08 2013

redherring-2The Ministry of Justice (the “MOJ”) last week published its draft regulations (the “Regulations”) for the notice and take-down procedure for website operators under Section 5 of the Defamation Act 2013 (“Section 5″ and the “Act”).  Read the rest of this entry »





Paris Brown: A Case in Point for the DPP – Ashley Hurst and Ryan Dolby-Stevens

1 05 2013

Paris BrownThe recent experience of Paris Brown, the 17-year-old who resigned before taking up her role as Kent’s Youth Police and Crime Commissioner following a furore surrounding comments she made on Twitter, demonstrates exactly the type of police activity that the Director of Public Prosecutions, Keir Starmer, was seeking to prevent when he issued prosecution guidelines (the “Guidelines“) in December of last year.

Read the rest of this entry »





Leveson, Crime and Courts Bill and Online publishers, the devil is in the detail – Ashley Hurst

9 04 2013

Leveson ReportThe Leveson amendments to the Crime & Courts Bill could pose a very significant threat to freedom of expression on the internet unless greater clarity in the definitions is achieved. The devil is all in the detail and very careful scrutiny is required to ensure that it does not have unintended consequences. Read the rest of this entry »





Protecting reputation: How the Data Protection Act is being used and abused – Ashley Hurst and Jack Gilbert

2 04 2013

data-protectionIf Leveson’s proposals to erode the journalistic exemption under the Data Protection Act 1998 (“DPA”) materialise, libel claimants may have an extra string to their bow. But is the DPA already being used and abused by libel claimants? Ashley Hurst and Jack Gilbert discuss.

Amongst the many recommendations in Lord Justice Leveson’s 2,000-page report, his proposed changes to the UK data protection regime would include significantly scaling back the journalistic exemption currently afforded by section 32 of the DPA.  This exemption currently allows data controllers to collect and use personal data without the need to comply with the other provisions of the Act, on the basis that it is collected with a view to the publication of journalistic material and is in the public interest. Read the rest of this entry »








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