Category Archives: Defamation and Privacy

David Rolph, ‘Liability for the Publication of Third Party Comments: Fairfax Media Publications Pty Ltd v Voller

ABSTRACT The liability of media outlets for third party comments posted on public Facebook pages raises difficult issues of basic principle for the tort of defamation. The appeal before the High Court of Australia in Fairfax Media Publications Pty Ltd v Voller involves a reconsideration of basic principles of publication. The media outlets argue that […]

R George Wright, ‘How to Do Surgery on the Constitutional Law of Libel’

ABSTRACT The constitutional law of libel has, unfortunately, focused crucially on distracting and misguided inquiries into the various distinctions among public figure and private figure libel plaintiffs. Equally unfortunately, attempts to reform and reconfigure the constitutional law of libel have often focused on public versus private figure libel plaintiff distinctions. The logic of free speech […]

Wojtczak and Ksiezak, ‘Causation in Civil Law and the Problems of Transparency in AI’

ABSTRACT Although a number of European Union legal documents require AI to be transparent, this is frequently not the case. Such opacity can be attributed to a diverse range of causes, ranging from so called ‘black box’ algorithms, trade secrets and patents, to the cognitive barriers of non-professionals. Transparency, in contrast, is, in many cases, […]

Nicklas Berild Lundblad, ‘Privacy in the Noise Society’

ABSTRACT In this paper, an economic study of different levels of expected privacy, both individual and collective, is used to demonstrate that we live neither in a dystopian control society nor in a utopian privacy enhanced society, but rather in a noise society characterized by high collective expectations of privacy and low individual expectations of […]

Emmanouil Bougiakiotis, ‘One Law to Rule Them All? The Reach of EU Data Protection Law after the Google v CNIL Case’

ABSTRACT Ever since the Internet came about, it has set a vast number of challenges regarding how to tackle some of its characteristics that were unprecedented. One of the most prominent areas where technology challenged the established doctrines of the law is that of jurisdiction. As is well-known, the Internet knows no borders, which at […]

Imaduddin Suhaimi, ‘Media Arbitration Schemes: Addressing the Backlog of Defamation Cases in Malaysia’

ABSTRACT The rise in defamation claims in Malaysia has placed an onerous workload on the courts to deal with such matters. Against this backdrop, Hamid Sultan Abu Backer JC (as his Lordship then was) (Hamid Sultan JC) suggested in two separate High Court decisions that to alleviate the courts’ burden, matters pertaining to libel and […]

‘Remedying Offensive Internet Conduct’

Eric Goldman, ‘Content Moderation Remedies’, Michigan Telecommunications and Technology Law Review (forthcoming, 2021), available at SSRN. What are the appropriate remedies when Internet services, such as Twitter, Facebook, and YouTube, publish anti-social user content? Although regulators and analysts have pondered issues such as what constitutes offending content and who should decide the question, the issue […]

‘UK’s Post-Brexit Strategy on Cross-Border Data Flows’

“On Aug 25, the UK Department for Digital, Culture, Media and Sport (DCMS) released important details about its post-Brexit strategy for cross-border flows of personal data. The UK government emphasized the importance of international transfers of personal data to global trade and notably named the United States as a ‘priority partner’ for negotiating an adequacy […]

‘China Passes Its First Comprehensive Data Protection Law’

“China’s long-awaited Personal Information Protection Law (PIPL) was adopted on 20 August 2021 and will enter into force on 1 November 2021 (an unofficial English translation is available here). It is the culmination of a long process. Interest in a law to protect personal information began 2003, when the Information Technology Office of the State […]

Schneider and Comandé, ‘Differential Data Protection Regimes in Data-Driven Research: Why the GDPR Is More Research-Friendly Than You Think’

ABSTRACT Against the backdrop of an evolving landscape describing data driven research, the study discusses the role of data protection laws in shaping a free flow of research data. In particular, it enquires whether European data protection law hampers or rather encourages data-driven research, and how. The analysis critically challenges the shared belief that the […]