Category Archives: Defamation and Privacy

Doug Rendleman, ‘The Defamation Injunction Meets the Prior Restraint Doctrine’

ABSTRACT This article maintains that, under defined circumstances, a judge should be able to grant an injunction that forbids the defendant’s proved defamation. It analyzes the common law of defamation, the constitutional prior restraint doctrine, the constitutional protection for defamation that stems from New York Times v Sullivan, and injunctions and their enforcement … (more) […]

Mariette Jones, ‘The Defamation Act 2013: a free speech retrospective’

INTRODUCTION One of, if not the main, reason for enacting the Defamation Act 2013 was the concern that the English common law of defamation was chilling free speech. Lord Lester, introducing his Defamation Bill, said the following: ‘Our law suffers from the twin vices of uncertainty and overbreadth. The litigation that it engenders is costly […]

‘Conference held in Bergamo, October 3/4, on Private Enforcement Of General Data Protection: Regulation New Chances, New Challenges’

“Elisabetta Bani, Viviana Molaschi and Massimo Foglia, that welcomed the participants and emphasized the importance of the subject in the currant law debate, opened the Conference, that was immediately followed by a first session chaired by Radek Strugala. In this session some general issues were discussed, detailed and exemplified …” (more) [Dulce Lopes and Massimo […]

Stephen Alexander, ‘Will trust proceedings of the future be private?’

ABSTRACT This article considers the development, and future course, of the law of privacy in administrative trust proceedings. The author argues that the principles of open justice should remain as the starting point of judicial thinking; that this should mean that the courts’ approach is driven by what is necessary to enable the public to […]

Davis and Marotta-Wurgler, ‘Contracting for Personal Data’

ABSTRACT Is contracting for the collection, use, and transfer of data like contracting for the sale of a horse or a car or licensing a piece of software? Many are concerned that conventional principles of contract law are inadequate when some consumers may not know or misperceive the full consequences of their transactions. Such concerns […]

Janeček and Malgieri, ‘Commerce in Data and the Dynamically Limited Alienability Rule’

ABSTRACT Commerce in some data is, and should be, limited by the law 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 regulated under the […]

‘Case Law: Lloyd v Google LLC, Landmark judgment in representative data protection action’

“The Court of Appeal has handed down judgment in Lloyd v Google LLC [2019] EWCA Civ 1599, a decision with significant implications for data protection law and practice. Brought on behalf of an estimated 4.4 million iPhone users, this representative claim concerns Google’s gathering and exploitation of browser generated information (‘BGI’) on Apple’s Safari browser. […]

‘The Dark Side of Reputation’

“Private ordering theorists put a great deal of weight on reputation to enforce honest behavior among market participants. They assume that the fear of getting a bad reputation and consequently being shut out of opportunities to trade, particularly within a network of repeat players, incentivizes potential cheaters to act honestly. While this model has proven […]

‘Planet49 CJEU Judgment brings some “Cookie Consent” Certainty to Planet Online Tracking’

“The Court of Justice of the European Union published yesterday its long-awaited judgment in the Planet49 case, referred by a German Court in proceedings initiated by a non-governmental consumer protection organization representing the participants to an online lottery. It dealt with questions which should have been clarified long time ago, after Article 5(3) was introduced […]

‘Facebook’s liability for defamatory posts: the CJEU interprets the e-commerce Directive’

“The last couple of weeks have seen a number of judgments relating to the control of information on the internet by the subject of the information. The cases of GC et al (Case C-136/17) and Google v CNIL (Case C-507/17) concern the interpretation of General Data Protection Regulation (GDPR), looking at the obligations of search […]