paulbradshaw + libel   82

Media companies liable for Facebook comments made by others, court finds
Mr Voller said the comments, on 10 Facebook posts published in 2016 and 2017, carried a series of false and defamatory imputations including that he attacked a Salvation Army officer who visited him in detention and left the man blind in one eye.

He did not ask for the comments to be taken down by the media outlets but launched defamation proceedings against them in the Supreme Court, arguing that they had "published" the comments of third parties.
law  Defamation  libel  Australia  comments  fb 
7 weeks ago by paulbradshaw
Are the activities revealed contained in the #paradisepapers all perfectly ‘legal’
To protect themselves from making a mistake, journalists are often told by lawyers that they must tell a lie. That lie may paint the people and companies uncovered in such leaks in a more favourable light, but it also means that policy makers, who rely on journalists more than many people might think for their information, are distracted from dealing with some of the real issues that emerge from such stories. In the end, the public is given a misleading picture of what leaks like the Paradise papers are really about, which defeats the entire point of the leak. By making the argument about morality, they themselves are engaged in a practice which is in itself deeply unethical.
s  law  libel  ethics  paradisepapers  tax 
november 2017 by paulbradshaw
Revealed: Grant Shapps's threat to sue constituent over Michael Green post | Politics | The Guardian
October letter, which was sent on Shapps’s behalf by the international City firm Hill Dickinson, then asked for Archer’s “proposals for compensating our client in lieu of damages and (an) undertaking to indemnify our client in full for his legal costs”.
law  libel  fb  politics  grantshapps 
march 2015 by paulbradshaw
Old Etonian lampooned as 'Mr Toad' by locals on Facebook wins libel case - Telegraph
Comments posted made "serious allegations about his competence and sobriety" and of "sexual impropriety during a cricket tour of Spain".
All those accusations were groundless, the judge told the court.
Although Mr Dempster had now issued a full apology, at one point he had refused to back down from his comments, telling Mr Horne in a letter, "I continue to regard you as flatulent, foul and distasteful, but ultimately as hot air".
Mr Dempster's campaign lasted from May to November 2012, when Mr Horne secured a court order closing down the page.
Although he was not the only one to post comments, the judge ruled Mr Dempster "responsible" for the web page and held that the campaign of abuse was "motivated by malice".
law  fb  libel  medialaw 
february 2014 by paulbradshaw
Former Jersey minister Stuart Syvret to be jailed over blog allegations | UK news | theguardian.com
Jersey's former health minister has been sentenced to three months in prison after refusing to take down articles on his blog making serious allegations against a number of people on the island.

Stuart Syvret, described by one judge as "a thorn in the side of the [Jersey] establishment", did not attend the court hearing in the royal court in St Helier on Monday but was arrested at his home after locking himself in his flat.
jersey  libel  law  Blogging 
november 2013 by paulbradshaw
Deleting abusive tweets swiftly may help avoid prosecution, says DPP | Technology | guardian.co.uk
Deleting abusive tweets quickly may save offenders from being brought before court, the director of public prosecutions has said.

Keir Starmer said it was "relevant" for police to consider whether an offending tweet had been swiftly deleted from the site.

Speaking to Sky TV's Dermot Murnaghan, he said he was holding a three-month consultation about the plan.
law  Twitter  Libel 
may 2013 by paulbradshaw
Tweeting your way into prison | David Banks Media Consultancy
The man who sent obnoxious tweets to diver Tom Daley after he ‘only’ managed an Olympic bronze found himself the victim of Tweetmob after the diver RTd him and then got a knock on the door from the police who issued a warning for harassment.

The Director of Public Prosecutions, Keir Starmer, recently issued interim guidance on when it would be suitable to prosecute such messages. However, even with that guidance in place, as more and more people sign up for such media, the caseload for police and the court can only increase.

And that is just the criminal side of the issue. The capacity for user to publish libels and breach others’ privacy on social media is huge.
law  libel  harassment  Twitter  tomdaley 
may 2013 by paulbradshaw
This is going to be a critical autumn for freedom of speech - Telegraph
RT @DavidMascord: One writer's view on the Defamation Bill currently going through Parliament @Telegraph http://t.co/PkdrmJRn #law #libel
law  via:packrati.us  libel 
september 2012 by paulbradshaw
Case Law: Journalistic responsibility and defamation, three recent judgments of the Court of Human of Rights – Hugh Tomlinson QC
Where a publication deals with a matter of proper public concern a court must to consider these issues of responsibility and there will be a breach of Article 10 if it fails to do so. On the other hand, even if a journalistic takes proper steps to investigate the truth of a story, damages for defamation may still be appropriate if the publisher misrepresents the facts which have been established
libel  law 
august 2011 by paulbradshaw
Case Law: O’Rawe v William Trimble Ltd, Northern Ireland – Olivia O’Kane « Inforrm's Blog
The defendant relied upon 23 sources and the court found these sources on the whole as credible and noted that “in general terms the newspaper had gone to great lengths to verify many aspects of its coverage” and the tone was noted as lacking sensationalism but not subdued.  However, the failure to make pre-publication contact and include comment from the plaintiff led the judge to conclude the newspaper failed to conform to the standards of responsible journalism and thus it could not avail of the Reynolds defence.  This conclusion was arrived at ‘in light of the seriousness of the allegations’ for the following reasons inter alia:
law  reynoldsdefence  libel 
january 2011 by paulbradshaw
Libel and the public – we’re all publishers now | Media Standards Trust
RT @martinjemoore: Libel & the public - we're all publishers now: #libelreform questions by @jtownend on @newmatters http://ow.ly/3D42h
via:packrati.us  libelreform  law  judithtownend  libel 
january 2011 by paulbradshaw
BBC | BBC College of Journalism Blog - Signs that Twitter is entering the mainstream
The singer Courtney Love is due in a US court later this month to defend a libel case brought against her by the fashion designer Dawn Simorangkir.

Ms Simorangkir claims that a stream of tweets by Ms Love destroyed her reputation and cost her millions of dollars.

At the same time, Australian media academic Julie Posetti has been caught up in a defamation row over the way she live-tweeted comments made at a public conference about the editor-in-chief of The Australian.
twitter  law  libel 
january 2011 by paulbradshaw
Steam buffs sell engine to pay libel bill - Telegraph
Lawyers for the 6024 Society argued in court that the journal, with a circulation of just 400 copies, was covered by legal privilege because it is only read by members of the society. This argument was accepted by the court. However, Mr Underhill's lawyers established that that issue of King's Messenger was also sent to 13 photographers – all non-members – whose work had appeared in its pages.
libel  law 
january 2011 by paulbradshaw
Fair comment is dead. Long live honest comment | Gill Phillips | Law | guardian.co.uk
 It is not necessary, they said, that a comment must identify the matters on which it is based with sufficient particularity to enable the reader to judge for himself whether it was well founded. However, the court held "the comment has to identify, at least in general terms, the matters on which it is based" so that "the reader can understand what the comment is about and the commentator can, if challenged, explain by giving particulars of the subject matter of his comment why he expressed the views that he did". The court also made clear that a defendant was not permitted to rely in support of the defence of fair comment on matters that were not referred to, even in general terms, by the comment.
libel  comment  faircomment  law 
december 2010 by paulbradshaw
Libel landmark: Fair comment now 'honest comment' - Press Gazette
Great. RT @eJournUK: landmark #libel ruling for the internet age: jStudents please note @pressgazette http://bit.ly/gMxzWy #law
law  via:packrati.us  libel 
december 2010 by paulbradshaw
Sense About Science | Bloggers and Libel Law
RT @gdnlocal: RT @freedebate: Bloggers guide to libel published today http://bit.ly/cY4TTl Please RT #libel
via:packrati.us  libel 
november 2010 by paulbradshaw
Online law survey: Mixed feelings about resources; 27% respondents encountered legal trouble in last two years | media law & ethics
Of the 19 online writers who were contacted over a legal matter in the last two years (27 per cent), only seven sought legal advice, which was paid for in four instances. The remaining 12 dealt with it alone.

However, only two of the cases reached court. For six of the publishers, the case was dropped at an earlier stage. Two published corrections or clarifications. Nine involved payment and/or removal of material, although in two cases this was only partial removal of material.

Of writers who cited legal trouble, 68% had been involved in defamation disputes; 37% copyright; 16% privacy; and 11% data protection.
judithtownend  law  blogging  libel  privacy  dataprotection  copyright 
september 2010 by paulbradshaw
Article 19 - Global Campaign for free expression
Established in 1987, ARTICLE 19 fights for all hostages of censorship, defends dissenting voices that have been muzzled, and campaigns against laws and practices that silence.

We take our name from article 19 of the Universal Declaration of Human Rights which states:
"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers."
ARTICLE 19 monitors, researches, publishes, lobbies, campaigns, sets standards and litigates on behalf of freedom of expression wherever it is threatened.
foi  organisation  campaign  humanrights  defamation  libel  reform  hmitwt 
august 2010 by paulbradshaw
Law column: When 'defamation' becomes trivia
He said a publication should not be deemed 'defamatory' unless it "substantially affects in an adverse manner the attitude of other people toward the claimant, or has a tendency to do so".
defamation  libel  law 
july 2010 by paulbradshaw
Lord Lester's defamation bill should be more radical | Law | guardian.co.uk
The bill has much to offer the media defendant. Among other things, the introduction of a single publication rule and the widening of the categories of information to which statutory privilege applies are not to be sniffed at. If the bill becomes law, reports of academic conferences will be protected and claimants will no longer be able rely on a case decided more than 150 years ago (dear old Duke of Brunswick) to bring proceedings when stories are downloaded from web archives years after first publication.
libel  law  hmitwt 
june 2010 by paulbradshaw
Roy Greenslade: Judge raises the bar for libel claimants | Media | guardian.co.uk
The judge ruled that when people sue for libel it is not simply a matter of claiming that it imputes some detriment to them in the estimation of right-thinking members of society, they must be able to show a substantial effect.
hmitwt  libel  reviews  law 
june 2010 by paulbradshaw
Jack of Kent: Dave Osler Libel Decision Due Tomorrow
RT @jackofkent: Blogpost - My pro bono case: Dave Osler - Libel Decision Tomorrow http://tinyurl.com/37fw48b @tagthis law
tagthis  RT  @jackofkent:  Blogpost  -  My  pro  bono  case:  Dave  Osler  Libel  Decision  Tomorrow  @tagthis  law 
may 2010 by paulbradshaw
High Court ruling serves as a warning against any moderation of user comments | Pinsent Masons LLP
"A blog owner can avoid liability for user-generated content that appears on his site without being checked or moderated, the High Court has ruled. But fixing the spelling or grammar in users' posts could lose him that protection, it said."
law  libel  comments  moderation 
april 2010 by paulbradshaw
Defamation and the internet: the multiple publication rule - Ministry of Justice
In the light of these responses and the views expressed on this issue by the Culture Media and Sport Select Committee and the Ministry of Justice's Libel Working Group, the government has decided in principle to introduce a single publication rule.
defamation  multiplepublication  libel  law 
april 2010 by paulbradshaw
UK Anti-Piracy Lawyers Threaten File-Sharing Forum | TorrentFreak
RT @helpmeinvestig8: #Libel #law used to gag again: UK Anti-#Piracy Lawyers Threaten File-Sharing Forum
http://bit.ly/94vebr
law  via:packrati.us  libel 
march 2010 by paulbradshaw
Solicitors Journal - The killing effect
Journalists get some protection from Reynolds privilege, allowing them to report matters in a responsible way. However, if a doctor was to write about a treatment, surgical device or pharmaceutical product then that doctor can be sued at a cost of hundreds of thousands of pounds. It is that simple, that is why the British Medical Journal chooses not to publish some important case reports on patient groups, and bloggers take down discussions about treatments that didn’t work, and why academics have had to modify their writing.
libel  science 
january 2010 by paulbradshaw
I’d have guessed it was strips of mole poached in Ovaltine review | Giles Coren restaurant reviews | Times Online Food & Drink
1) That anything written in an article flagged as a review is to be accepted as “comment” (regardless of whether it is presented as opinion or fact); 2) That the bare substratum of fact required to sustain that comment is that the reviewer has had the experience he or she claims, in this case that he has ordered and been served the meal described; 3) That “fair comment” is defined as any comment an honest person could have drawn from the “facts” available; 4) That a comment may be called “fair”, “however exaggerated, or even prejudiced, the language may be”; 5) That malice has no power to mitigate a defence of fair comment, as long as the reviewer genuinely holds the views he expressed.
faircomment  law  libel  reviews 
november 2009 by paulbradshaw
Basic UK libel law for idiots by Adam Porter
So I can say "Keith Moon was a smackhead lover of the highest order" and it's no problem. In fact I could say "every human who ever existed was a smack dealing, gun running, uncle fucker."
libel  law  uk  defamation 
november 2009 by paulbradshaw
Can the law keep up with technology? - CNN.com
(CNN) -- In a case that would have been impossible even five years ago, bad-girl rocker Courtney Love is being sued for libel by a fashion designer for allegedly slamming the woman on Twitter.
twitter  law  libel  courtneylove 
november 2009 by paulbradshaw
Restaurant review leads to high court libel case - Media Law Law Articles and News - Lawdit Reading Room
§ In 2003 McDonald's sued a well known Italian food critic, Edoardo Raspelli, over an
article in La Stampa that claimed the burgers were rubbery and fries tasted of cardboard. He
defended his actions, saying he had defamed burgers rather than the restaurant chain. The court
suggested they settle.
reviews  restaurants  law  libel  faircomment 
november 2009 by paulbradshaw
Restaurant owner's appeal against Irish News libel decision rejected - Press Gazette
A restaurant owner whose £25,000 compensation award for a critical newspaper review was quashed by an appeal court today failed in a bid to take his case to the House of Lords.
The newspaper appealed against the jury's decision, saying that the review was covered by the defence of fair comment.
The Court of Appeal - Northern Ireland Chief Justice Sir Brian Kerr, Lord Justice Campbell and Lord Justice Girvan - ruled that the jury at the original had been misdirected by the judge.
law  libel  restaurants  reviews  faircomment 
november 2009 by paulbradshaw
Defamation and the internet
This document is an unofficial republication, in commentable form, of the Ministry of Justice consultation, Defamation and the internet: the multiple publication rule (Consultation paper CP20/09). The consultation was published on the 16th September 2009 and closes on 16th December 2009. All comments received here will be sent to the Ministry of Justice.
law  libel  defamation  moj 
november 2009 by paulbradshaw
Libel laws stifle health doubts - Times Online
Professor Edzard Ernst, director of the complementary medicine group at Exeter University, said the Journal of Medical Ethics had rejected a paper in which he had claimed homeopaths were violating their own ethical code. “It was galling because they had accepted it and then their lawyer advised them not to publish on the grounds that it could risk a libel suit,” he said.
libel  law 
november 2009 by paulbradshaw
Executive Summary
In this report, we cut through the intimidating complexity of English libel law to show how the legal framework has become increasingly unbalanced. We believe that the law needs to facilitate the free exchange of ideas and information, whilst offering redress to anyone whose reputation is falsely or unfairly damaged. Yet our inquiry has shown that the law as it stands is hindering the free exchange of ideas and information. We repeatedly encountered the same concerns, expressed by lawyers, publishers, journalists, bloggers and NGOs, who have no wish to abolish libel law, but know from experience of its chilling effect on legitimate publication. In response to their concerns, which are set out below, we offer the following recommendations to restore the balance between free speech and reputation:
libel  report  PEN  censorship  law 
november 2009 by paulbradshaw
Libel Reform Campaign - Free Speech Is Not For Sale
To Index on Censorship and English PEN it has become increasingly clear that English libel law and the use of ‘super-injunctions’ are having a profoundly negative impact on freedom of expression, both in the UK and abroad. Writers such as Simon Singh, and respected current affairs programme Newsnight, have found themselves facing defamation suits, whilst human rights campaigners are often forced to edit and retract articles in the face of potential libel action.
libel  campaign  law 
november 2009 by paulbradshaw
Law of Defamation: Defences of Defamation (Chapter 3)
So far as this was a statement of opinion, it concerned a matter of public interest. Miss Cornwell said that this went beyond fair criticism and amounted to an attack designed to damage her career. The Sunday People argued that it was an honest comment, although admittedly strong.

The Court held that the statement was made maliciously and awarded damages.
law  libel  defamation  sundaypeople  faircomment  charlottecornwell 
november 2009 by paulbradshaw
Defamation on the web may get cheaper | 5 Oct 2009 | ComputerWeekly.com
A consultation paper now circulating considers the arguments for and against the multiple publication rule now in force. The rule provides that each publication of defamatory material can form the basis of a new cause of action.
defamation  libel  law  consultation 
november 2009 by paulbradshaw
Why you should correct your archives
The Times won its argument that a defamatory article first published on 2 June 2006, about a police officer accused of corruption, was responsible journalism in the public interest, giving the newspaper a qualified privilege (QP) defence under the well-known case of Reynolds.

But the paper failed to persuade a High Court judge that its continued publication of the article online, after it was revealed in September 2007 that the officer had been cleared of wrongdoing, continued to be responsible journalism.
archive  times  law  libel  reynoldsdefence 
november 2009 by paulbradshaw
Britain's libel laws are killing investigative journalism - Big Brother Watch
But there's the problem. To successfully defend my article, I would probably have had to have put my career on hold for a couple of years, and it will cost me (or my publisher) perhaps £25,000, I am advised, because if he lost, it would be almost impossible for a UK court to coerce my costs from him. And if I lost, then it will cost me roughly £500,000. Fighting and winning is bad enough; fighting and losing would be disastrous, even for a major publisher.
libel  uk  ij  law 
november 2009 by paulbradshaw
Monbiot.com » The Hanging Judge
The law lords decided that Eady was “hostile to the spirit” of the public interest defence and that he had “rigidly applied the old law” in a way that was “quite unrealistic … unnecessary and positively misleading”. In one amazing passage, Lord Hoffmann compared Eady’s approach to that of the Communist Party censors in the Soviet Union(8).
libel  monbiot  uk  law  eady  justiceeady 
october 2009 by paulbradshaw
WhatDoTheyKnow blog - WhatDoTheyKnow
In the last year there have been only seven significant cases where requests have been hidden from public view on the site due to concerns relating to potential libel and defamation. Three of those cases have involved groups of twenty or so requests made by the same one or two users. While actual number of requests we have had to hide is around 70 (0.4% of the total) even this small fraction overstates the situation due to the repetition of the same potentially libellous accusations and comments in different requests. In all cases we have kept as much information up on the site as possible. Our policy with respect to all requests to remove information from the site is that we only take down information in exceptional circumstances; generally only when the law requires us to do so.
libel  foi  whatdotheyknow  mysociety 
october 2009 by paulbradshaw
5 Raymond Buildings
5RB is a leading set of barristers specialising in all areas of media and entertainment law. It has a proven track-record in defamation, privacy, confidence, intellectual property, sports law, and related human rights. For more detail see Our Work.
media  law  libel  blog 
august 2009 by paulbradshaw
Update On Sam Sethi Litigation: We Decline To Participate
I had a long talk with a number of UK legal experts about whether we should defend the case in the UK even though we aren’t subject to UK jurisdiction. They were fairly confident we’d actually win…but that the total legal costs could exceed £500,000. That’s just not an interesting proposition for us. Meanwhile, I’ve had to cancel my London FOWA speaking engagement, and certainly won’t be visiting that country any time soon. Which is a shame since I have so many friends there.
law  libel 
august 2009 by paulbradshaw
BBC NEWS | UK | Is it farewell for Kiss and Tell?
The private company that runs the youth homes obtained a court injunction banning the local paper from using photographs of the house or even naming the streets where they were located.
libel  privacy  law  uk  journalism 
june 2009 by paulbradshaw
Defamation - Case Law
Useful blog with lots of case law on defamation
law  defamation  libel  blog 
june 2009 by paulbradshaw
the quackometer: Bogus Law
a report into the comparative costs of defamation proceedings across Europe. Its conclusions were that the costs of libel proceedings in England and Wales are about 140 times higher on average than those found across Europe.
defamation  libel  law  report 
june 2009 by paulbradshaw
Law Report: Local authorities cannot institute libel actions: Derbyshire County Council v Times Newspapers Ltd and others - House of Lords (Lord Keith, Lord Griffiths, Lord Goff of Chieveley, Lord Browne-Wilkinson and Lord Woolf), 18 February 1993 - ...
It was contrary to the public interest that organs of government, whether central or local, should have the right to sue for libel because any governmental body should be open to uninhibited public criticism and to allow such actions would place an undesirable fetter on freedom of speech.
libel  localauthority  law 
june 2009 by paulbradshaw
Dutch News Site Sued For The Way Google Indexed Its Pages | paidContent:UK
A Google (NSDQ: GOOG) algorithm has managed to get a Dutch community news site successfully sued. Klup.nl, a network of user-edited news portals, was sued by a local BMW dealer, Zwartepoorte, because a Google search for Zwartepoorte + bankrupt returned a result for Klup.nl with this summary: “Full name: Zwartepoorte. Specialty: BMW … This company has gone bankrupt.”
law  google  libel 
june 2009 by paulbradshaw
Craig Murray - Support Nadine Dorries' Freedom To Blog
But the bullying action by the Barclay Brothers against a blog is another example of the use of our absurd libel laws to silence freedom of speech. No court has ruled that Nadine was libellous. She did not have the chance to defend her views in court. She was simply and effectively silenced, and her entire blogging corpus taken down.
law  blogs  onlinejournalism  nadinedorries  mp  libel 
may 2009 by paulbradshaw
European court rejects time limit for online libel claim - Press Gazette
The Times has failed in its bid to challenge an obscure 160-year-old legal precedent that allows people to sue newspapers for online libel without any time limit.
times  libel  law  onlinejournalism 
march 2009 by paulbradshaw
Birmingham Post: Eady throws out comments libel case | Journalism.co.uk Editors' Blog
The case was thrown out after Eady pointed out that Carrie could have removed the allegedly defamatory comments as they were left on his website.
libel  law  onlinejournalism  comments 
january 2009 by paulbradshaw
How removing links can land you in court « Subs’ Standards
Step 1: The New Statesman removed links to Wikileaks after the threat of a libel action by the subject of the post - an Iraqi-born businessman.

Step 2: Wikileaks (who weren’t threatened with the same court action) has now accused the New Statesman’s link removal as defamation because they say it suggests their content was inaccurate.

Step 3: Watch your poor sub-editing back at every turn!
linking  libel  law  Wikileaks  newstatesman  onlinejournalism  subbing 
november 2008 by paulbradshaw
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