Case Law, Strasbourg: Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary, Intermediary liability (again) – Jonathan McCully

7 02 2016

mte-logo-nagyobbOn 2 February 2016, the Fourth Section of European Court of Human Rights handed down its judgment on intermediary liability in Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary (Application No. 22947/13)([2016] ECHR 135). The judgment attempts to clarify the Grand Chamber’s findings in Delfi v. Estonia, whilst distinguishing that case on the basis that it involved “clearly unlawful speech” amounting to hate speech and incitement to violence. However, did the Court go far enough to protect free speech online? Read the rest of this entry »





Lachaux, the Huffington Post and “Serious Harm” under the Defamation Act 2013 – Jonathan Coad

6 02 2016

the-huffington-postIn a trial which took place in July 2015 Warby J found that the reputation of a foreign national living overseas had suffered “serious harm” as a result of the publication by the Huffington Post of a third party blog on its website about a marital dispute between the claimant and his ex-wife ([2015] EWHC 2242 (QB)). By that decision the High Court elucidated some general principles about how section 1 of the Defamation Act 2013 should be applied in the preliminary stages of a defamation claim. Read the rest of this entry »





News: Daily Mail loses Human Rights Act challenge to CFA success fees and insurance premiums

5 02 2016

Daily_Mail_clock,_closeupIn a judgment delivered at the High Court today in the case of Miller v Associated Newspapers, Mr Justice Mitting rejected a Human Rights Act challenge to recoverable success fees and ATE insurance premiums brought by the Daily Mail.  However, he granted a certificate for a “leapfrog” appeal direct to the Supreme Court.  Read the rest of this entry »





No Employer Right to Snoop But What Of Employee Rights at Work? – Paul Wragg

5 02 2016

Privacy KeyboardThe decision in Barbulescu v Romania, in the European Court of Human Rights (“ECtHR”), has attracted much press interest.  It has been widely reported as granting employers a right to snoop on their employee’s online life.  Let us ignore the actual facts for a moment (as most newspapers have done). Read the rest of this entry »





Case Law, Canada: Doe 464533 v ND, The Secret is out, US Privacy Torts are coming – Ryder Gilliland and Thomas Lipton

4 02 2016

Ontario_Superior_Court_of_JusticeOn 21 January 2016, in Doe 464533 v. ND (2016 ONSC 541) the Ontario Superior Court of Justice recognized, for the first time in Canada, the privacy tort of “publication of embarrassing private facts”. Read the rest of this entry »





Can the new Charter Protect BBC Independence? – Damian Tambini

3 02 2016

BBC2016 is set to be a significant year for the BBC, with a new settlement on the Royal Charter that underpins the Corporation’s governance and funding arrangements due to be agreed. As part of its policy work in this area, LSE’s Media Policy Project has published a number of blog posts on the topic of the Charter Review, hosted a public event on BBC future funding, and organised aworkshop on the BBC’s governance. In this blog post, Damian Tambini tackles the issue of BBC independence, arguing that the process of policy reform is itself as important to consider as the policy outcomes themselves. Read the rest of this entry »





The Restoration of the House of Murdoch – Des Freedman

2 02 2016

James MurdochJames Murdoch, younger son of billionaire media mogul and keen tweeter Rupert Murdoch, has been appointed as chairman of the UK’s biggest broadcaster, BSkyB. Normally, top boardroom appointments would merit perhaps a mention in business blogs and the City pages of the press but this is more significant for what it tell us about corporate power and governance in the UK today. Read the rest of this entry »








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