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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‘There is no doubt that the law in this area is out of date.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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January 4th, 2011 by Wadds

Joanna Yeates murder case highlights issue of social media contempt

Social media never had much regard for the rigour of media law particularly when it comes to conversation around a serious crime.

You don’t have to look hard of Facebook or Twitter to find people discussing the individuals that are helping the police with their inquiries in the Joanna Yeates murder investigation in Bristol, in particular landlord Chris Jefferies.

Under the Contempt of Court Act 1981 it is an offence to publish anything that might impair a future trial. This has led the media to traditionally only reveal the name, occupation, age and general address of a suspect.

Yet in the Yeates case the media has led discussions in social media and has picked over Jefferies life in considerable detail. Have a look at this “we thought ‘nutty professor’ was gay” report in the Daily Mail. Perhaps we should be grateful that comments have been disabled.

The UK attorney general is reportedly considering issuing a notice to remind the media that coverage of the murder inquiry must not be in contempt.

Is yet another example of social media leading to the erosion of media law?

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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