Case Law, Spain: A and B v Ediciones El Pais, Newspaper archive to be hidden from internet searches but no “re-writing of history” – Hugh Tomlinson QC

19 11 2015

Sede_de_El_País_en_MadridOn 15 October 2015, the Spanish Supreme Court handed down judgment in the “right to be forgotten” case of  A & B v Ediciones El Pais SL [pdf](in Spanish).  It held that the respondent newspaper, El Pais, should take steps to ensure that archived articles reporting the applicants’ 1980s drug convictions were not indexed by search engines.  However, the right to be forgotten did not require the removal of the articles from the archive itself or their de-indexing from the website’s internal search engine. Read the rest of this entry »

Solving Data Protection Problems with e-Commerce Directive Tools – Daphne Keller

18 11 2015

e-commerceThis is one of a series of posts about the pending EU General Data Protection Regulation (GDPR), and its consequences for intermediaries and user speech online. In an earlier introduction and FAQ, I discussed the GDPR’s impact on both data protection law and Internet intermediary liability law. Developments culminating in the GDPR have put these two very different fields on a collision course – but they lack a common vocabulary and are in many cases animated by different goals.  Laws addressing concerns in either field without consideration for the concerns of the other can do real harm to users’ rights to privacy, freedom of expression, and freedom to access information online. Read the rest of this entry »

Ireland: Is Dublin becoming the defamation capital of the world, the libel-tourism destination of choice? – Eoin O’Dell

17 11 2015

DublinThe Guinness Storehouse claims to be Ireland’s most popular tourist attraction. As the city is out of the running to become European Capital of Culture, 2020 (a title it last held in 1991), and as the Web Summit is moving to Lisbon from next year, tourist attractions like the Storehouse are probably glad to know that Dublin seems to be taking London’s mantle as Capital of Defamation, as the destination of choice for libel tourists seeking a congenial jurisdiction in which to bring a defamation action. Read the rest of this entry »

Did the “number of defamation cases fall by a third in a year”?

16 11 2015

Royal-Courts-of-JusticeOver the last few days there have been a number of media reports (for example, in the Guardian and the Times [£]) based on a Thomson Reuters Press Release[pdf] issued on behalf of Thomson Reuters entitled “Number of Defamation Cases Falls by a third in a year”.   Read the rest of this entry »

Law and Media Round Up – 16 November 2015

16 11 2015

weekly-round-up-140x80The CPS will not be prosecuting former DCS Dave Cook after an IPCC investigation into Misconduct in Public Office. Byline has a comment on the issue, examining the way in which News International, through its Management and Standards Committee, shopped over a hundred sources and journalists to the Met Police in order to to avoid corporate charges in the US under the Foreign Corrupt Practices Act. Read the rest of this entry »

Social Media defamation: Richardson v Facebook/Richardson v Google UK Ltd: Appeals dismissed as wrong defendants sued – Iain Wilson

15 11 2015

Google FacebookIn Richardson v Facebook [2015] EWHC 3154 (QB) Mr Justice Warby dismissed the claimant’s appeals in two separate but similar claims for defamation and breach of Article 8 ECHR.  One claim was brought against ‘Facebook’ and the other against Google UK Ltd. Read the rest of this entry »

#birdsandthebees: a ‘Green Cross Code’ for social media – Peter Coe

14 11 2015

Green Cross CodeSex education is a hot topic at the moment, and so it should be. The recent Channel 4 documentary ‘Sex in Class’ highlighted the general naivety of our teenagers when it came to sex and sexual health. Read the rest of this entry »


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