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Brett Wilson Media and Communications Law Blog

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11.06.12

The Defamation Bill – Comment before the second Reading

The Defamation Bill, which has cross-party support, is scheduled for a second reading on 12 June 2012. The Libel Reform Campaign has hailed its introduction as ‘the first wholesale attempt at reform since 1843’. This article looks at the Bill in its current form and the reasons behind its introduction. The Bill has it is origins in…

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9.06.12

Police ordered to pay £125,000 damages after losing murder libel trial

Bedfordshire Police has been ordered to pay Amilton Bento £125,000 in damages after the Force made a statement at a press conference in July 2009 which suggested that he had killed his girlfriend Kamila Garsztka.  Ms Garsztka’s body had been found in a lake in 2006. Mr Bento was convicted of murdering Ms Garsztka at Luton Crown Court in 2007.  As a…

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High Court orders Facebook to disclose identity of cyberbullies

Nicola Brookes has obtained a Norwich Pharmacal order against Facebook after “internet trolls” left “vicious and depraved” messages on her Facebook page.  The messages appeared after Ms Brookes posted a comment about the X-Factor television show.  The order requires Facebook to handover profile information and the IP addresses of the individuals who posted the office.  It is understood that Facebook will comply with the order once it has…

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27.05.12

Thousands of websites unprepared for new EU cookie law

Privacy regulations that cover the use of cookies and similar technology for storing and accessing information on a users computer or mobile came into force on 26 May 2011.   Cookies are small files placed on a user’s computer when he/she visits a particular website.  Typically they record user choices which are then referenced when the user returns to the website.  Cookies…

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16.04.12

Director and shareholder found in contempt for disposing of company's good will

In Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 Mr Justice Eder heard an application for committal for contempt of court based on the alleged breach (or involvement in a breach) of a freezing injunction. Motorcare sold breakdown insurance and had acted as an agent for Templeton. In 2008 Templeton brought a High…

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2.04.12

Judgment handed down in Tulisa Contostavlos sex tape privacy injunction

On Friday 29 March 2012 Mr Justice Tugendhat set out his reasons for continuing a non-disclosure injunction against (1) Michael Mendahun (2) anyone in possession of any film or video of the Claimant Tulisa Contostavlos engaged in a sexual act or part or stills therefrom and (3) the Claimant’s former boyfriend Justin Edwards. Unsurprisingly, there…

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31.03.12

Parliamentary Joint Committee on Privacy and Injunctions reports no need for legislation

set up in the wake of the spate of highly publicised privacy injunctions last year, the Parliamentary Joint Committee on Privacy and Injunctions has published its final report.  significantly, the report rejects criticisms that privacy law has beenjudge made, stating that it has evolved from the Human Rights Act 1998.  The report concludes that a statute defining the right…

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27.03.12

Chris Cairns awarded £90,000 following first High Court "twibel" trial

Mr Justice Bean handed down judgment today in Cairns v Modi [2012] EWHC 756 (QB), finding in favour of the former cricketing all-rounder Chris Cairns.  The Claimant had sued the former Chairman and Commissioner of the Indian Premier League Lalit Modi after a 2010 tweet in which Modi had stated Cairns had been involved in match fixing.  The extent of the tweet’s publication in…

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23.03.12

Solicitors from Hell appeal thrown out

Rick Kordowski, the founder/operator of the now defunct solicitors from Hell website, has been refused permission to appeal the High Court ruling that closed down the website.  On 15 November 2011 Tugendhat J ordered that Mr Kordowski cease publishing the website.  On 7 December a final order was made, inter alia, preventing Mr Kordowski from establishing a similar website. In refusing permission sir…

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22.03.12

Supreme Court allows Times defamation appeal on public interest qualified privilege

In Flood “v- Times News Limited [2012] UKsC 11 the supreme Court allowed the appeal of the Defendant publisher, overturning the decision of the Court of Appeal and restoring the 2009 decision of Mr Justice Tugendhat.  Tugendhat Js original decision in the High Court was of particular significance as it was the first time a national newspaper had…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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