Category Archives: Defamation and Privacy

‘Filming emergency scenes as a bystander: a tortious duty for those who do not assist victims?’

“In light of the recent London terror attacks in which bystanders filming the incident both hindered and assisted police, debate has raged as to whether this type of conduct at emergency situations should be seen as acceptable – particularly as nearly every individual now carries a device capable of recording such scenes and uploading them […]

‘Strasbourg on excessive libel damages’

Independent Newspapers (Ireland) Ltd v Ireland ECtHR, 5th section, 15 June 2017. The Strasbourg Court has decided that an award of damages in an Irish libel case was disproportionate – but, as I shall explain – it has not told us what a proportionate award would have been. This odd position was reached in an […]

Amelia Uelmen, ‘Crime Spectators and the Tort of Objectification’

Abstract: Reports of how some bystanders interact with victims on the scene of an emergency are shocking. Instead of assisting or calling for help, these individuals take pictures or recordings of the victims on their cell phones. This Article concentrates on the question of whether such an interaction with a victim might in certain circumstances […]

‘New Alberta Tort for Non-Consensual Distribution of Intimate Images’

“Alberta joins those provinces and the Federal government who have enacted protection for intimate images to provide a legal framework to protect those who have such images wrongfully distributed. Under the Act, Protecting Victims of Non-Consensual Distribution of Intimate Images Act, SA 2017, cP-26.9, which comes into force August 4, 2017, a person distributes an […]

Krzysztof Jankowski, ‘The Right to Be Forgotten in EU Legislation: Why We Should Not Care About It’

Abstract: The so-called right to be forgotten has recently been given a lot of attention by the public, mainly due to its rapid development within the European Union framework. There are apparently two parallel ongoing discussions: the first one focuses on an abstract right to be truly forgotten, giving individuals a right to erase the […]

‘Judicial Statistics, 2016: Issued defamation claims down by 17%, lowest recorded number in modern times’

“The most recent annual Judicial Statistics – those for 2016 – show a further small decline in the number of issued defamation claims. These are by down by 17% on 2015. In 2015 there were 112 issued defamation claims in London (where the large majority of claims are made) as opposed to 135 in 2015 […]

Brooke MacKenzie, ‘New Tort for “Revenge Porn”: Doe 464533 v ND as a Case Study in Judicial Law-Making’

Abstract: This paper discusses the 2016 decision of Stinson J of the Ontario Superior Court in Jane Doe 464533 v ND, which accepted the new tort of ‘public disclosure of private facts’ on a motion for default judgment. The decision provides a helpful case study on the role of motions judges and trial judges in […]

Zachary Zaharoff, ‘Defaming the Prince’

Abstract: This Article argues that press outlets should be completely immune from defamation suits initiated by a US President. The Article presents the current defamation standard for public officials and explores the history of tense President-press relations. It then argues that defamation lawsuits are a dangerous tool in the hands of a sitting President and […]

Rothstein and Rothstein, ‘The Use of Genetic Information in Real Property Transactions’

With the cost of genome sequencing continuing to decline and genomic information becoming more common in health records, it is foreseeable that entities with an economic interest in the future health status of individuals will be tempted to use predictive genetic information to assess the health risks of individuals who are parties to real property […]

de Hert and Papakonstantinou, ‘The rich UK contribution to the field of EU data protection: Let’s not go for “third country” status after Brexit’

Abstract: The die is cast. At the time of drafting this paper the so-called Brexit, the exit of the UK from the EU, seems like a certainty after the poll results of 23 June 2016. Within such historic, indeed seismic, developments data protection seems but a minor issue, a footnote to a world-changing chapter waiting […]