Category Archives: Defamation and Privacy

‘Citizen journalists, standards of care, and the public interest defence in defamation’

“The public interest defence under section 4 of the Defamation Act 2013 replaced the old defence of Reynolds privilege. A number of cases have since established that the old criteria for responsible journalism under Reynolds is still relevant when assessing the reasonable belief requirement of the new defence …” (more) [Jacob Rowbottom, Inforrm’s Blog, 18 […]

‘Case Law, Strasbourg: Magyar Jeti Zrt v Hungary: ECtHR rules on hyperlinking to defamatory content’

“On 4 December 2018, the European Court of Human Rights provided some helpful clarification on the potential liability for posting hyperlinks to defamatory content in the case of Magyar Jeti Zrt v Hungary. In doing so, the Court referred to the ever-growing corpus of European Union law concerning the concept of ‘communication to the public’ […]

Conway and Grattan, ‘The “New” New Property: Dealing with Digital Assets on Death’

Abstract What happens to digital assets when someone dies? This basic question raises a host of legal issues around ownership, privacy, access to usernames and passwords, and the duties of personal representatives when administering estates, which do not fit neatly within traditional succession law and property law concepts. The location of digital assets also leads […]

‘Australia’s defamation laws are ripe for overhaul’

“David Ipp, the former judge and anti-corruption commissioner, once wrote that ‘defamation litigation is a fact of Australian life’. Whatever our self-perception may be that we are a laid-back people, many of us are swift to threaten defamation action. Sydney has a good claim to the title of being the defamation capital of the world. […]

‘Imperfect solutions for access to justice – success fees are no longer recoverable in English defamation and privacy cases’

“On 29 November 2018, the Government published its response to the 2013 consultation on costs protection in defamation and privacy claims. In particular, the written statement by the Lord Chancellor and Secretary of State for Justice summarizes the amendments to costs provisions, raising access to justice concerns. In short, the Government has decided to implement […]

Jojo YC Mo, ‘In search of a privacy action against breaches of physical privacy in Hong Kong’

Abstract The focus of privacy laws in Hong Kong has always been on the use and dissemination of personal or confidential information, but a person’s privacy can also be intruded by unwanted watching or listening irrespective of whether information is collected or used. Despite an attempt to introduce two privacy torts by the Law Reform […]

Joshua Rubenstein, ‘Protecting the right of privacy’

Abstract The backdrop to encroachments on privacy is the end of secrecy from taxing authorities, combating financial crimes, concerted tax enforcement efforts and the 2008 world-wide financial crisis. In response to the financial crisis, governments have enacted information exchange agreements, FATCA and CRS. While CRS may prove the most obvious threats to privacy, other equally […]

‘Case Law, Australia: Chris Gayle v Fairfax Media Publications & Ors (No 2), A$300,000 in “holistic” damages’

“A$300,000 in general damages assessed ‘holistically’ over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether ‘reasonableness’ should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack […]

Kim Gould, ‘Small Defamation Claims In Small Claims Jurisdictions: Worth Considering For The Sake Of Proportionality?’

Abstract Online communication continues to pose challenges for the law and the administration of justice. One such challenge concerns its propensity to give rise to small defamation claims between ordinary people given the often-enormous costs of litigating defamation claims before the ordinary courts. This article promotes a reform agenda directed to meeting this challenge by […]

‘Case Law: Economou v de Freitas, Court of Appeal guidance on “public interest” defence’

“On 21 November the Court of Appeal delivered a major decision on the statutory public interest defence for defamation claims, in the case of Alexander Economou v David de Freitas [2018] EWCA Civ 2591. That defence, the full title of which is ‘publication on matter of public interest’, was introduced with Section 4 of the […]