Category Archives: Defamation and Privacy

Giancarlo Frosio, ‘Why Keep a Dog and Bark Yourself? From Intermediary Liability to Responsibility’

Abstract This paper contextualizes the recent developments in intermediary liability theory and policy within a broader move towards private ordering online. In this context, online intermediaries’ governance would move away from a well-established utilitarian approach and toward a moral approach by rejecting negligence-based intermediary liability arrangements. Miscellaneous policy tools – such as monitoring and filtering […]

‘Case Law, Australia: Google Inc v Duffy, Appeal court finds Google liable for publication of defamatory content of snippets and hyperlinked articles’

“In an important judgment handed down on 4 October 2017 in the case of Google Inc v Duffy ([2017] SASFC 130) the Full Court of the Supreme Court of Australia upheld the decision of Blue J ([2015] SASC 170) that Google Inc was liable for the defamatory content of the hyperlinks and paragraphs in search […]

Bart Custers, ‘Click Here to Consent Forever: Expiry Dates for Informed Consent’

Abstract The legal basis for processing personal data and some other types of Big Data is often the informed consent of the data subject involved. Many data controllers, such as social network sites, offer terms and conditions, privacy policies or similar documents to which a user can consent when registering as a user. There are […]

Young and Laidlaw, ‘Internet Intermediary Liability in Defamation: Proposals for Statutory Reform’

Abstract The law of defamation has long been recognized as out of step with modern tort principles. For example, the publication element requires intentionally conveying defamatory content but no authorship or even knowledge of the content is required. Thus, some have referred to defamation as strict liability. The paper re-examines the Canadian law of publication […]

‘Compensation for breach of the proposed ePrivacy Regulation’

“Parallel to my interest in compensation for breach of the General Data Protection Regulation [GDPR; Regulation (EU) 2016/679], I am also interested in the question of compensation for breach of the proposed ePrivacy Regulation (hereafter: pePR; see, eg, the EU Commission’s proposal for a Regulation on Privacy and Electronic Communications). Article 22 of the Commission’s […]

‘It’s time to abolish juries in defamation cases’

“Libel cases in England and Wales are ‘better off without juries’, according to Sir Mark Warby, the High Court judge with responsibility for the Media and Communications List of the Queen’s Bench Division. As reported yesterday in the Brief, the legal newsletter of The Times, he was speaking on Tuesday at the London conference of […]

Mark Warby, ‘Media Litigation in the High Court’

Introduction The subject of my remarks today is the business of doing justice in media cases in the High Court of England and Wales. I want to suggest that achieving justice requires three things, at least: a substantive law that is fair; procedures that are just and efficient; and a system that is managed and […]

Helberger, Borgesius and Reyna, ‘The perfect match? A closer look at the relationship between EU consumer law and data protection law’

Abstract: In modern markets, many companies offer so-called ‘free’ services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive […]

Jordan Blanke, ‘Privacy and Outrage’

Abstract: Technology has dramatically altered virtually every aspect of our life in recent years. While technology has always driven change, it seems that these changes are occurring more rapidly and more extensively than ever before. Society and its laws will evolve; but it is not always an easy process. Privacy has changed dramatically in our […]

‘Case Law, Australia: Wilson v Bauer Media Pty Ltd, Rebel Wilson awarded defamation damages of Aus$4.5 million’

“On 13 September 2017, Dixon J handed down judgment in the case of Wilson v Bauer Media Pty Ltd [2017] VSC 521. He awarded Rebel Wilson a total of Aus$4,567,472 in defamation damages against Bauer Media Pty Ltd and Bauer Media Australia Pty Ltd (‘Bauer Media’). This judgment follows the jury’s verdict on 15 June […]