Judicial Statistics: Internet “Troll” convictions soar – Media Lawyer

31 05 2015

internet-trollConvictions for crimes under a law used to prosecute internet “trolls” have increased eight-fold in a decade, official figures have shown. Last year 1,209 people were found guilty of offences under Section 127 of the Communications Act 2003 – equivalent to three every day – compared with 143 in 2004. Read the rest of this entry »

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Why Leveson is alive and well, despite the election result – Steven Barnett

30 05 2015

Leveson reportIt has become something of a received wisdom amongst Fleet Street editors that the Conservatives’ election victory means “Leveson is dead”.  Their unalloyed glee has been fuelled by a few Conservative nods and winks during the campaign suggesting that, despite a framework for press self-regulation that has was endorsed by a huge cross-party majority in the last Parliament, a Conservative government would not pursue it. Or, in the words of former Culture Secretary Sajid Javid: “Our job is done as a government. It’s up to the press.Read the rest of this entry »





United States: The Facebook Posts, Cyberstalking and “Substantial Emotional Distress” – Susan Brenner

30 05 2015

Dutch_Painting_in_the_19th_Century_-_Van_de_Laar_-_The_DivorceThis post examines a recent opinion from the Florida Court of Appeals that involves domestic violence and “cyberstalking.”  Horowitz v. Horowitz, 2015 WL 1443223 (District Court of Appeals of Florida – Second District 2015).  The best explanation of how the case arose appears in the brief Sammie D. Horowitz filed in appealing a judge’s entry of an “injunction for protection against domestic violence” against him.  Horowitz v. Horowitz, Initial Brief of Appellant, 2013 WL 7101921 District Court of Appeals of Florida – 2d District 2013). Read the rest of this entry »





Case Law: BUQ v HRE, Summary judgment and permanent injunction, contempt application to be heard later – Anna Caddick

29 05 2015

AnonymousIn BUQ v HRE, Mr Justice Warby granted the claimant summary judgment and a permanent injunction prohibiting the disclosure of private information even though a cross-application to commit the claimant for contempt of court was to be determined at a later date. Read the rest of this entry »





Access request for network data granted! A few thoughts on the decision in Ben Grubb and Telstra – Sophie Stalla-Bourdillon

29 05 2015

control-room-2The decision in Ben Grubb and Telstra Corporation Limited ([2015] AICmr 35) is fascinating.  It was issued on 1 May 2015 by Timothy Pilgrim, the Australian Privacy Commissioner – especially in the light of our recent posts, such as this one concerning Internet Service Providers (ISPs) and their roles as mere conduits and/or data controllers, or that one concerning the definitions of metadata. Read the rest of this entry »





Case Law: Gulati v MGN, Phone hacking, massive privacy damages – David Hart QC

28 05 2015

83144843_hackingcompFor some years in the early and mid 2000s, a routine form of news-gathering in the Mirror Group was phone hacking – listening to voicemails left for celebrities by their friends, and then dishing up revelations in their papers.  And this judgment amounts to a comprehensive pay-back time for the years of distress and upset sustained by those celebrities, as the ins and outs of their private lives were played out for the Mirror Group’s profit. The damages awarded well exceeded those previously payable, as justified in the tour de force of a judgment by Mann J in Gulati v MGN ([2015] EWHC 1482 (Ch)).  Read the rest of this entry »





Case Law: Department of Health v. Information Commissioner, Judge criticises “secretive culture” of public service – Mike Dodd

28 05 2015

Andrew-Lansley-NHS-uk-newA High Court judge has criticised the “secretive culture of the public service” and strongly criticised the evidence given by two senior civil servants in a freedom of information battle over the ministerial diary of former health secretary Andrew Lansley. Read the rest of this entry »