Case Law, Belgium: Olivier G v Le Soir. “Right to be forgotten” requires anonymisation of online newspaper archive – Hugh Tomlinson QC

19 07 2016

lesoir_363x242In the case of Olivier G v Le Soir (29 April 2016, n° C.15.0052.F [pdf]) the Belgian Court of Cassation decided that, as the result of the “right to be forgotten”, a newspaper had been properly ordered to anonymise the online version of a 1994 article concerning a fatal road traffic accident. Read the rest of this entry »





Case Law, Strasbourg: Kurski v. Poland: Ordering politician to publish apology for defaming Polish newspaper violated Article 10 – Ronan Ó Fathaigh

16 07 2016

gw 20130124-covThe European Court’s Fourth Section has held that a successful civil action by a newspaper against a Polish politician for alleging the newspaper had an “agreement” with an oil corporation to finance the newspaper’s “mass propaganda” against his political party, violated the politician’s freedom of expression. The opinion in Kurski v. Poland dealt with the unusual, but not rare, situation when a newspaper launches defamation proceedings against a politician for damaging its reputation, and the broader issue of ordering publication of apologies. Read the rest of this entry »





Case Law, Strasbourg: Salihu v. Sweden, Criminal conviction for purchasing illegal firearm as a form of ‘check it out’ journalism upheld – Dirk Voorhoof and Daniel Simons

6 07 2016

ExpressenInvestigative journalism sometimes operates at the limits of the law. This is especially true of what could be called ‘check it out’ journalism: reporting in which a journalist tests how effective a law or procedure is by attempting to circumvent it. A recent decision shows that those who commit (minor) offences during this type of newsgathering activity cannot count on (major) support from the European Court of Human Rights (ECtHR). Read the rest of this entry »





UN and OSCE Watchdogs urged to address media freedom in the UK

21 06 2016

ParliamentARTICLE 19 and concerned experts and academics have urged Dunja Mijatović, the OSCE Representative on Freedom of the Media (“the Representative”), and David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (“the UN Special Rapporteur”), to address the state of media freedom in the UK, in particular to address attempts to undermine the independence of the BBC, the public service broadcaster, and to ensure the independence of the press in relation to self-regulation.  Read the rest of this entry »





Can a New Broadcasting law in Europe make internet hosts monitor their users? – Daphne Keller

9 06 2016

Audiovisuals-570The European Commission is making major steps forward in its new Digital Single Market strategy. One important part, the Platform Liability consultation, pointedly asked whether Internet intermediaries should “do more” to weed out illegal or harmful content on their platforms – in other words, to proactively police the information posted by users. Last month the Commission delivered part of its answer. Read the rest of this entry »





Call for Papers: Restricted and Redacted – Where now for human rights and digital information control?

31 05 2016

ILPC_at_the_Institute_of_Advanced_Legal_StudiesThe Information Law and Policy Centre at IALS is calling for papers for its annual research workshop on 9 November 2016 in London, this year supported by Bloomsbury’s Communications Law journal. The first workshop was held in 2015. Read the rest of this entry »





The Courts Both Uphold the Rule of Law and Prioritise the Human Rights of Individuals and Children Over the Commercial Interests of the Tabloid Press – Jonathan Coad

31 05 2016

Sun PJSThe PJS v NGN injunction case is just another ugly example of a paid tabloid betrayal/kiss-and- tell story without a shred of genuine public interest while of considerable financial value to both the betrayer and the newspaper. Rarely does a legal case receive so much press attention as when tabloids are outraged by their inability to report on a celebrity threesome they claim is of interest to the public (rather than of legitimate public interest). Read the rest of this entry »








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