Ireland: Internet defamation and the liability of intermediaries (Muwema v Facebook Part 1) – Eoin O’Dell

28 09 2016

uganda-facebook-ireland-300x284The liability of internet intermediaries for defamatory posts on their platforms was central to the decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016). A Ugandan lawyer objected to allegedly defamatory posts on a pseudonymous Facebook account, and Binchy J gave an order requiring Facebook to identify the account-holder. Read the rest of this entry »





Australia: Social media and defamation law pose threats to free speech, and it’s time for reform – David Rolph

17 09 2016

image-20160912-3768-2lgflkRecent discussion about freedom of speech in Australia has focused almost exclusively on Section 18C of the Racial Discrimination Act. For some politicians and commentators, 18C is the greatest challenge to freedom of speech in Australia and the reform or repeal of this section will reinstate freedom of speech. Read the rest of this entry »





Gazette of Law and Journalism Interview: Tom Blackburn SC

3 09 2016

gazetteAs one of Australia’s leading defamation silks, Tom Blackburn SC has acted for a range of mass media clients, and the occasional plaintiff … He’s leaving the jurisdiction for the big libel smoke of London, and agreed to share his thoughts on privacy, defamation, section 18C and more

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News: Melania Trump’s US Libel Action against MailOnline, what are its prospects of success?

2 09 2016

On 1 September 2016, Melania Trump issued libel proceedings in the Circuit Court for Montgomery County Maryland, against the New York based US publisher of MailOnline, Mail Media Inc, and a US blogger named Webster Griffin Tarpley.  The Complaint can be found here [pdf].  It seems that, under US libel law, such a claim is highly unlikely to succeed. Read the rest of this entry »





News: Law Commission of Ontario calls for Research Papers on Defamation in the Internet Age

4 08 2016

LCO Logo Colour_1The Law Commission of Ontario (LCO) is undertaking a project on defamation law in the age of the internet.  As part of the development of the consultation paper, the LCO will fund a number of research papers that will inform our development of options for reform. Read the rest of this entry »





A time to reflect: the serious harm test – Oliver Lock and Tom Rudkin

31 07 2016

Defamation ActOn 1 January 2014, the Defamation Act 2013 came into force in England and Wales, introducing a series of new provisions applicable to the law of libel and slander. Of greatest interest was Section 1 of the Act, the “serious harm” requirement. This introduced a new hurdle for persons and businesses wanting to bring a claim for defamation.

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Defamed by Persons Unknown – Interview with Iain Wilson

30 07 2016

The case of Smith v Unknown Defendants [2016] EWHC 1775 (QB) was a libel action against unknown defendants who had published defamatory material on a website, the Queen’s Bench Division granted the claimant’s application for default judgment against the second defendant in his absence and granted summary relief of £10,000 in damages as well as injunctions prohibiting publication of further allegations and requiring the removal of any allegations placed elsewhere. Read the rest of this entry »