Law and Media Round Up – 26 June 2017

26 06 2017

Last week saw a remarkable Daily Mail editorial attacking the Guardian. The language was strong, the complaint being that “hardly a day passes without another drip drip drip of mendacious vitriol and bile from Guardian writers attacking us and our readers”. Read the rest of this entry »





Case Law, Strasbourg: Independent Newspapers v. Ireland: €1.25 million defamation award against newspaper violated Article 10 – Ronan Ó Fathaigh

25 06 2017

The European Court’s Fifth Section has unanimously held that a damages award made against an Irish newspaper for defamation violated the right to freedom of expression, under Article 10 of the European Convention. While the judgment in Independent Newspapers v. Ireland concerned Irish defamation law prior to reforms brought about in 2009, it is still significant for signalling to Irish courts that unpredictably high damages have a “chilling effect,” and require the “most careful scrutiny” and “very strong justification.” Read the rest of this entry »





Daily Mail vs The Guardian: why did editor Paul Dacre lose his rag? – Steven Barnett

24 06 2017
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“Words have consequences. They lead to actions.” So wrote Peter Oborne, the maverick right-leaning Daily Mail columnist about the shocking events in north London recently when a white van deliberately ran into a crowd of Muslims outside a mosque, killing one and injuring several others. Read the rest of this entry »





Case Law, Strasbourg: Bayev v Russia: Legislation banning the promotion of homosexuality violates Articles 10 and 14 – Kirsten Sjøvoll

23 06 2017

In a judgment in the case of Bayev v Russia ([2017] ECHR 572) handed down on 20 June 2017, the Third Section of  European Court of Human Rights found – by six votes to one –  that the so-called Russian “gay-propaganda law” banning the promotion of homosexuality violated both Article 10 and Article 14 of the Convention. Read the rest of this entry »





News: Privacy injunction claim against Channel 4 dismissed – Media Lawyer

22 06 2017

On 15 June 2017, a man who featured in a short sequence in a Channel 4 documentary about a grassroots movement to stop bailiffs evicting people from their homes failed in a bid to get a last-minute court order to block transmission of the programme. Read the rest of this entry »





Case Law, Australia: Milne v Ell, Tweed Shire Mayor gets revenge threefold – Justin Castelan

21 06 2017

Property developer, William Robert Ell sued Tweed Shire Councillor, Katie Milne in defamation in 2014. He sued over a letter to the editor which Ms Milne had written about a contentious building development conducted by Mr Ell. While Mr Ell did not attend the trial, he won the case and was awarded damages of $15,000 plus costs. The decision was handed down on 7 March 2014. Read the rest of this entry »





Sir Cliff Richard v the BBC: privacy rights and criminal investigations – Tom Rudkin

20 06 2017

The helicopter images broadcast as police raided Sir Cliff Richard’s home in Sunningdale were unquestionably one of the most controversial news segments of 2014.  The case highlights the issue of privacy rights in criminal investigations. Read the rest of this entry »