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June 8th, 2011 by Wadds

Technology and media in head on collision (phone hacking, injunctions, web licences, defamation bill…)

News International has apologised and settled its mobile phone hacking case with Sienna Miller out of court for £100,000. It sets a precedent for other claims and is a clear admission of culpability by the publisher of the News of the World.

Meanwhile Attorney General Dominic Grieve QC speaking to BBC Radio 4 Law In Action earlier this week dished out the surprising warning that Twitters user that breach an injunction could face legal action for contempt of court. How he proposes to deal with the estimate 70,000 people that broke the Ryan Giggs injunction is unclear.

Privacy and the freedom of the press is under scrutiny like never before as technology and the law meet in a head on collision.

In yet another example, if any were needed, Monday evening saw all of the parties involved in the appeal of the NLA Web End User Licence next week in the High Court debate the future of the media and journalism.

Finally, today Justice Minister Lord McNally made a final call for comment on the draft defamation bill (open until 10 June).

‘There is no doubt that the law in this area is out of date. In recent years an increased threat of costly libel actions has placed a chilling effect on the work of scientists, academics and investigative journalists – and this has to stop.

‘But we must ensure that when we reform the law, we strike the correct balance between freedom of expression on the one hand, and protection of reputation on the other, and that is why we have been running this consultation.

We do indeed live in interesting times.

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July 28th, 2010 by Wadds

Media is media, defamation is defamation

It didn’t need a High Court judgement to remind us that media law applies in social media as in any other aspect of the media.

But a judgement handed down by Mr Justice Tugendhat yesterday saw a plaintiff awarded £10,000 for being defamed on Facebook.

The case concerns Jeremiah Barber who, posted child porn on the Facebook page of Raymond Bryce, after falling out, along with a defamatory comment.

Inevitably we’ll see more of these types of judgements. Its a booming business for media lawyers.

Here’s a related article that I wrote in March for Reputation Online about copyright and privacy in social networks.

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March 1st, 2010 by Wadds

Reputation Online: Copyright, defamation and privacy online vs. traditional media

Here’s an article that I’ve written for Reputation Online based on a presentation by media litigator Gideon Benaim, partner, Schillings Lawyers, at the CIPR Reputation Management conference in Manchester last month.

Mr Benaim made the case that social media is not beyond the reach of copyright, defamation or privacy laws. He cited cases where injunctions had been served on multiple ISPs as a defensive strategy to avoid the publication of sensitive corporate material and cautioned that rapid response was crucial.

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