Category Archives: Defamation and Privacy

John Dowdell, ‘An American Right to Be Forgotten’

Introduction: … Part II of this note frames the issues it seeks to resolve, and then examines Europe’s cultural history regarding privacy — including legislation and case law – and explains the development of the right to be forgotten. Part III notes the spread of the right to be forgotten into the Western Hemisphere, and […]

‘Twibel wars: Twitter is not “the wild west” in the eyes of the law’

“Last month, Mr Justice Warby handed down judgment in Monroe v Hopkins [2017] EWHC 433 (QB), the first libel case to consider the “serious harm” test under section 1 of the Defamation Act 2013 within the context of a social media post. Food blogger and left-wing political activist Jack Monroe was successful in suing self-confessed […]

Agnieszka Leszczynski, ‘Geoprivacy’

Abstract: Location is uniquely sensitive in terms of the kinds of things that it reveals about us as individuals and the ways in which those disclosures are made. This chapter examines the ways in which the rapid proliferation and resulting pervasiveness of spatial media are radically reconfiguring norms and expectations around locational privacy. Existing definitions […]

van Calster, Apers and Gonzalez Arreaza, ‘Not Just One, But Many “Rights to Be Forgotten”. A Global Status Quo’.

Abstract: Since being first developed through the case law of the European Court of Justice, the Right to be Forgotten (RTBF) has continued to rapidly evolve and has recently moved beyond its European borders. In recent times, the RTBF has started to be hotly debated and litigated in Latin America. This paper describes the wide […]

‘Twitter, defamation and “serious harm”’

“Twitter may well be the ‘Wild West’ of social media. Certainly, anyone who has spent even a little time on it will be aware that there are a lot of people out there with most decided views who are willing to share them, frequently and stridently. Although all that uninhibited speech might give the impression […]

‘Can President Trump Be Sued for Defamation Because of His Personal Tweets?’

If you happen to visit President Trump’s private Twitter page, you will notice his affinity for tweeting. Some of his tweets, at least on their face, promote respectful discourse and are fitting of the office. Other tweets, however, seemingly do not befit our highest office. For example, when President Trump recently tweeted that former President […]

McKay Cunningham, ‘Privacy Law That Does Not Protect Privacy, Forgetting the Right to Be Forgotten’

Abstract: The newly conferred right to be forgotten allows Europeans to erase ‘irrelevant’ information about themselves from Internet searches. Most American scholars decry the perceived infringement of free expression and highlight the censorship implicit within the right to be forgotten. But few commentators have noted the practicalities. The right to be forgotten, as applied, is […]

Scott Skinner-Thompson, ‘Performative Privacy’

Abstract: Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm. Although some scholars contend that privacy ought to exist in public, ‘public privacy’ has been defended largely with reference to other, ancillary values privacy may serve. For instance, public privacy may be necessary to make the […]

Maria Gonçalves, ‘The EU data protection reform and the challenges of big data: remaining uncertainties and ways forward’

Abstract: As the first broad reform of the EU data protection legislation is being achieved, and notwithstanding EU institutions’ confident discourse, scepticism remains about the reform’s ability to safeguard the fundamental right to data protection in the face of evolving data processing techniques underlying so-called big data. Yet, one might wonder whether the cause for […]

Levmore and Fagan, ‘Semi-Confidential Settlements in Civil, Criminal, and Sexual Assault Cases’

Abstract: Settlement is more likely if parties are free to set its terms, including a promise that these terms will remain secret between them. State sunshine-in-litigation laws work to defeat this incentive for confidentiality in order to protect third parties from otherwise unknown hazards. The intuition is that a wrongdoer should not be able to […]