Case Law, Strasbourg: Armellini v Austria, No violation of Article 10 in “football bribes” defamation case

12 05 2015

Casino_SW_BregenzIn the case of Armellini v Austria (Judgment of 16 April 2015) the First Section of the Court of Human Rights dismissed an Article 10 complaint by applicants who had been found guilty of defaming professional footballers by accusing them of taking bribes. The decision of the domestic court to convict the applicants of defamation was based on relevant and sufficient grounds and  properly balanced the Article 8 and Article 10 rights involved. Read the rest of this entry »





News: Gerry and Kate McCann awarded damages of €500,000 in Portuguese libel action, summary of the Judgment

3 05 2015

McCannsOn 27 April 2015, the First Civil Chamber of Lisbon handed down judgment in the claim brought by Gerry and Kate McCann against the former Portuguese police officer, Gonçalo Amaral over his book Maddie – The Truth of the Lie.  The claimants were awarded damages of €500,000 plus interest.  The judgment, in Portuguese, is available here (McCanns v Amaral [pdf]).  There is, at present, no definitive English translation. Read the rest of this entry »





Case Law, Australia: Gacic v John Fairfax Publications Pty Ltd, Damages increase for restaurateurs defamed by Sydney Morning Herald review – Yvonne Kux

2 05 2015

gazetteIn the case of Aleksandra & Ljiljana Gacic & Branislav Ciric v John Fairfax Publications Pty Ltd & Matthew Evans ([2015] NSWCA 99) the NSW Court of Appeal increased the $160,000 damages awarded to each of three former restaurateurs defamed by a Sydney Morning Herald review twelve years ago. Read the rest of this entry »





Privy Council: Pinard-Byrne v Linton, Hearing of Defamation Appeal in “Reynolds” case

27 04 2015

Judicial_Committee_of_the_Privy_Council_-_Court_3As we noted in our weekly Law and Media Round Up, on 22 April 2015 the Judicial Committee of the Privy Council heard a libel appeal from Dominica in the case of Pinard-Byrne v Linton. The plaintiff is seeking to overturn a judgment of the the Court of Appeal of the Commonwealth of Dominica that the publications were protected by Reynolds qualified privilege (25 March 2013 [pdf]). Read the rest of this entry »





News: Newspaper Libel and Registration Act 1881 to be repealed

19 04 2015

General Stock - NewspapersIn September 2011 we had a post about the strange anachronism which is the Newspaper Libel and Registration Act 1881.  This places a duty on newspapers to register with Companies House. – but one which does not apply to newspapers published by companies. Read the rest of this entry »





Case Law, Australia: Rateb Jneid v Western Australian Newspapers Limited, Isolated front page a distinct publication – Carmel Galati

8 04 2015

gazetteIn the case of Jneid v Western Australian Newspapers ([2015] WASC 68) the Western Australia Supreme Court found that the front page of The West Australian newspaper displayed in a glass box, is a separate act of publication for the purposes of maintaining a defamation claim. The court also found it was capable of conveying an imputation without reference to a story in the body of the paper. Read the rest of this entry »





Lee Kuan Yew and freedom of expression: the libel action as a means of silencing political opposition – Tessa Evans

26 03 2015

Lee Kuan YewLee Kuan Yew, Singapore’s prime minister of 31 years and the man credited with turning the city-state into one of Asia’s most prosperous countries, died last week at the age of 91. Read the rest of this entry »








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