Twitter, defamation and “serious harm” – David Rolph

25 03 2017

Twitter may well be the “Wild West” of social media. Certainly, anyone who has spent even a little time on it will be aware that there are a lot of people out there with most decided views who are willing to share them, frequently and stridently. Read the rest of this entry »





Hong Kong: Freedom of the (Entertainment) Press, Part 2. Other Objectionable Materials – David Ma

24 03 2017

The entertainment press should behave responsibly and evaluate whether the materials are legally sourced and whether their publication would be legal to steer clear of criminal prosecutions and civil lawsuits. Read the rest of this entry »





Hong Kong: Freedom of the (Entertainment) Press: Part 1, Data Privacy and Public Interest – David Ma

23 03 2017

The Hong Kong Privacy Commissioner for Personal Data (“Commissioner”) examined the relationship between freedom of the press and personal data (“PD”) in the context of paparazzi and the Personal Data (Privacy) Ordinance (“PDPO”) in Reports R12-9159 [pdf] and R12-9164 [pdf]. The appeals to the Commissioner’s decisions were dismissed by the Administrative Appeals Board (“AAB”) in Appeal Nos 5/2012 [pdf] and 6/2012 [pdf].  Read the rest of this entry »





Case Law: Strasbourg: Pihl v Sweden: No liability for defamatory users’ comments after prompt removal upon notice – Dirk Voorhoof

22 03 2017

In its decision of 9 March 2017 in Rolf Anders Daniel Pihl v. Sweden, the Court of Human Rights has clarified the limited liability of operators of websites or online platforms containing defamatory user-generated content.The Court’s decision is also to be situated in the current discussion on how to  prevent or react on  “fake news”, and the policy to involve online platforms in terms of liability for posting such messages. Read the rest of this entry »





News: Judge rejects bid to challenge “seriously unfair” press regulation consultation – Media Lawyer

21 03 2017

A phone hacking victim has lost a High Court bid to challenge a “seriously unfair” Government consultation exercise on press regulation. Former Crimewatch presenter Jacqui Hames failed to persuade a judge that she had an “arguable” case which should be aired at a full judicial review hearing. Read the rest of this entry »





Communicating Responsibilities: The Spanish DPA targets Google’s Notification Practices when Delisting Personal Information – David Erdos

21 03 2017

The Court of Justice’s seminal decision in Google Spain (2014) represented more the beginning rather than the endpoint of specifying the European data protection obligations of search engines when indexing material from the web and, as importantly, ensuring adherence to this.  Read the rest of this entry »





Case Law, Strasbourg: Olafsson v Iceland, Website editor not liable for publishing sexual allegations against candidate – Ed Klaris and Alexia Bedat

20 03 2017

In the case of Olafsson v Iceland ([2017] ECHR 259) the Court of Human Rights held that the Icelandic courts were wrong to hold a website editor liable for publishing allegations made by two sisters that their relative, A, who was standing for election for the Constitutional Assembly had sexually abused them when they were children. Read the rest of this entry »