Draft Defamation Bill
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| Author | : Great Britain: Parliament: Joint Committee on the Draft Defamation Bill |
| Publisher | : The Stationery Office |
| Total Pages | : 82 |
| Release | : 2011-10-19 |
| Genre | : Business & Economics |
| ISBN | : 9780108473814 |
The Joint Committee on the Draft Defamation Bill welcomes many of the reforms proposed in the draft Bill. However, the report proposes many detailed amendments to the defences available against libel claims, mainly designed to strike a fairer balance between the protection of reputation and freedom of speech. For example, greater protection is proposed for scientists and academics writing in peer-reviewed articles. The Government's proposals do not do enough to address the key problems in defamation law - the "unacceptably" high costs which make access to justice difficult for many. The Committee proposes a series of reforms aimed at ensuring that disputes are generally resolved rapidly by mediation or arbitration, rather than via the courts. An essential step in encouraging early resolution of disputes is the abolition of jury trials in defamation actions, in all but exceptional cases. Judges will then be required to take key decisions affecting the outcome of the case at an early stage, before massive legal costs are incurred. Trivial cases should be weeded out at an early stage. A new notice and take-down procedure for the internet is proposed. Internet hosts gain the protection of the law provided they act responsibly by following the new procedure. Any anonymous postings must be taken down upon complaint, unless authors are prepared to identify themselves or there is an overriding public interest in publication. Furthermore, is should be made more difficult for companies to use their financial muscle and the threat of court action to silence critics.
| Author | : Great Britain: Ministry of Justice |
| Publisher | : The Stationery Office |
| Total Pages | : 130 |
| Release | : 2011-03-15 |
| Genre | : Law |
| ISBN | : 9780101802024 |
This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.
| Author | : Mariette Jones |
| Publisher | : Taylor & Francis |
| Total Pages | : 198 |
| Release | : 2024-06-28 |
| Genre | : Law |
| ISBN | : 1040044956 |
In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights’ jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of human rights law and media law.
| Author | : |
| Publisher | : |
| Total Pages | : |
| Release | : 2015 |
| Genre | : |
| ISBN | : 9780455228570 |
| Author | : Andrew Kenyon |
| Publisher | : CRC Press |
| Total Pages | : 479 |
| Release | : 2013-09-05 |
| Genre | : Law |
| ISBN | : 1136791574 |
1. Introduction -- 2. Is a defamatory meaning conveyed? English and Australian law -- 3. Defences relevant to meaning : English and Australian law -- 4. Meaning : English defamation practice -- 5. Meaning : New South Wales defamation practice -- 6. Meaning : Victorian defamation practice -- 7. Qualified privilege : English and Australian law and practice -- 8. US defamation law and practice -- 9. Lucas-box and Polly Peck in Australia -- 10. Comparative defamation law and practice.
| Author | : Paula Giliker |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 264 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782253793 |
Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?
| Author | : Laura Scaife |
| Publisher | : CRC Press |
| Total Pages | : 461 |
| Release | : 2014-11-20 |
| Genre | : Law |
| ISBN | : 1317754786 |
Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.
| Author | : Dario Milo |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 394 |
| Release | : 2008-02-14 |
| Genre | : Language Arts & Disciplines |
| ISBN | : |
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.
| Author | : Ursula Smartt |
| Publisher | : Routledge |
| Total Pages | : 703 |
| Release | : 2014-03-21 |
| Genre | : Law |
| ISBN | : 1317808169 |
Media and Entertainment Law presents a contemporary analysis of the law relating to the media and entertainment industry both in terms of its practical application and its theoretical framework. It provides a clear, current and comprehensive account of this exciting subject. Fully updated and revised, this second edition is one of the first texts to contain a full analysis of the Leveson Inquiry and the implications for our press and media that are arising from it. The new edition contains; a new chapter analysing the Defamation Act 2013; the Digital Economy Act 2010 which aimed to toughen up against copyright infringement online and has been subject to parliamentary review since coming into power; and the liability of internet service providers, including recent cases such as Tamiz vs Google 2012, which goes some way to define the extent to which an ISP may or may not be found liable for their bloggers content. With integrated coverage of Scots and Northern Irish law, Media and Entertainment Law also highlights comparisons with similar overseas jurisdictions, such as with the liability of ISPs where there are differences in both US and European law, in order to help students demonstrate an awareness of media laws, which may then influence UK legislation. Looking at key aspects such as TV and radio broadcasting, the print press, the music industry, online news and entertainment and social networking sites, this text provides detailed coverage of the key principles, cases and legislation as well as a critical analysis of regulatory bodies such as OFCOM and the new regulator for the UK's newspapers and magazines (and online editions), the Independent Press Standards Organisation (Ipso). The text also provides the most comprehensive and up to date coverage of the law relating to Intellectual Property law for the entertainment industry with recent changes in EU law relating to performers' rights. See what goes behind the writing of Media & Entertainment Law: http://youtu.be/XiCGmnRDvb0
| Author | : Sean A. Pager |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 447 |
| Release | : 2012-01-01 |
| Genre | : Law |
| ISBN | : 0857931342 |
Digital technology has transformed global culture, connecting and empowering users on a hitherto unknown scale. Existing paradigms from intellectual property rights to cultural diversity and telecommunications regulation seem increasingly obsolete, confounding policymakers and provoking wide-ranging debate. Transnational Culture in the Internet Age draws on a range of disciplines to examine new approaches to regulating communications and cultural production. The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet's astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities. Ideal for students and scholars of innovation, technology, cyber law and communication, Transnational Culture in the Internet Age will be a valuable addition to any library.
