Category Archives: Defamation and Privacy

‘Data Extra Commercium’

ABSTRACT Commerce in some data is, and should be, limited by the law (data extra commercium) because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as […]

‘“No revolution” says the Supreme Court as it rules on defamation’

“Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a ‘tendency’ to injure a claimant’s […]

‘The Territorial Scope of EU-Privacy Law; Two Opinions from AG Szpunar’

“On the 10th of January 2019, AG-Szpunar concluded in Google v CNIL that a removal request based on the Google Spain v Costeja judgement should not have a worldwide effect. However, on the 4th of June, the same AG concluded that an EU national court can, in fact, order an internet service provider to remove […]

‘We Read 150 Privacy Policies. They Were an Incomprehensible Disaster.’

“In the background here are several privacy policies from major tech and media platforms. Like most privacy policies, they’re verbose and full of legal jargon — and opaquely establish companies’ justifications for collecting and selling your data. The data market has become the engine of the internet, and these privacy policies we agree to but […]

‘Case Law: Serafin v Malkiewicz, Public Interest Defence Considered Again, And Judicial Unfairness’

“On 17 May 2019, the Court of Appeal handed down its decision in Serafin v Malkiewicz & Ors ([2019] EWCA Civ 852). The appeal concerned, amongst other things, the correct application of the ‘public interest’ defence under s 4 of the Defamation Act 2013. The Court of Appeal allowed all five grounds of appeal. In […]

‘Case Law: Lachaux v Independent Print, Supreme Court abolished common law presumption of damage in libel cases’

“The Supreme Court yesterday handed down its long awaited judgment in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27. As predicted by various commentators giving a preview of the case (including in my previous post), the five Supreme Court judges (Lord Kerr, Lord Wilson, Lord Sumption, Lord Hodge and Lord Briggs) clarified the […]

Jelena Gligorijević, ‘Privacy at the intersection of public law and private law’

INTRODUCTION The exact nature and desirability of any intersection between private law and public law can generate much debate. In view of the developments in English human rights jurisprudence, the distinction between private law and public law in England is sometimes seen as less definite than in other common law jurisdictions. That does not, however, […]

‘News: Lachaux v Independent Print, Supreme Court dismisses appeal but restores Judge’s analysis of “serious harm”’

“The Supreme Court today handed down its long awaited judgment in the case of Lachaux v Independent Print ([2019] UKSC 27). The appeal was dismissed on the facts but the Court overturned the Court of Appeal’s interpretation of the ‘serious harm’ test in s 1(1) of the Defamation Act 2013, preferring the analysis of Warby […]

‘Case Law: MN v OP, Money, money, money, must be funny, in an [anonymised beneficiary’s] world, protecting child beneficiaries in variation of trust cases’

“A typical plot development in old novels is the sudden discovery of unexpected wealth, usually in the form of an inheritance, or the discovery of a long lost will or hidden relationship to a wealthy benefactor. That is sometimes what it is like for children who are beneficiaries of big trust funds. They may, for […]

‘“The internet’s not written in pencil, it’s written in ink” … yet content removal can be done on a worldwide basis, says AG Szpunar’

“When it comes to content removal in the context of an injunction, how is this to be done in order to comply with the prohibition of a general monitoring obligation, as per Article 15 of the E-commerce Directive? This, in a nutshell, is the issue at stake in Facebook, C-18/18, a referral for a preliminary […]