Media Law and Ethics in the 21St Century
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The Demise of the Super-Injunction
DEVELOPMENTS IN PRIVACY LAW: WHAT A DIFFERENCE A YEAR MAKES Richard Spearman QC 25 April 2012 The Report on “Super-Injunctions, Anonymised Injunctions and Open Justice” The rise and fall of super-injunctions The Committee chaired by the Master of the Rolls, Lord Neuberger, was set up in April 2010 in response to concern following two cases: RJW and SJW v Guardian News and Media Ltd (“Trafigura”) – 11/9/09 Maddison J • The Order made in that case provided: “Until after the conclusion of the hearing on the Return Date or further order in the meantime, the First Respondent must not use and must not publish or communicate or disclose to any other person (other than (i) by way of disclosure to legal advisers instructed in relation to these proceedings for the purpose of obtaining legal advice in relation to these proceedings (ii) otherwise for the purpose of these proceedings or (iii) for the purpose of carrying this Order into effect): (a) the information that the Applicants have obtained an injunction and/or (b) the existence of these proceedings and/or (c) the Applicants’ interest in these proceedings; and must not cause or authorise any other person, firm or company to do any of those acts.” • At the original hearing, which was “without notice on notice” to GNM, Maddison J granted relief on an interim basis until the Return Date. • Thereafter, the issues – including whether revealing that Trafigura had obtained an injunction would have “frustrated or rendered impracticable the interests of justice” - were never argued further: initially, the Return Date hearing was postponed by agreement due to delays in the preparation of evidence; subsequently, it never happened because the proceedings were compromised (there having been a furore in the meantime as to whether the order of Maddison J purported to prevent the reporting of proceedings in Parliament). -
Principles of Tort Law Rachael Mulheron Frontmatter More Information
Cambridge University Press 978-1-108-72764-8 — Principles of Tort Law Rachael Mulheron Frontmatter More Information Principles of Tort Law Presenting the law of Tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences, and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, while key reform pro posals and leading cases from other jurisdictions illustrate different potential solutions to conun- drums in Tort law. A rich companion website, featuring semesterly updates, and ten additional chapters and sections on more advanced areas of Tort law, completes the learning package. Written speciically for students, the text is also ideal for practitioners, litigants, policy-makers, and law reformers seeking a comprehensive and accurate understanding of the law. Rachael Mulheron is Professor of Tort Law and Civil Justice at the School of Law, Queen Mary University of London, where she has taught since 2004. Her principal ields of academic research concern Tort law and class actions jurisprudence. She publishes regularly in both areas, and has frequently assisted law reform commissions, government departments, and law irms on Tort-related and collective redress- related matters. Professor Mulheron also undertakes extensive law reform work, previously as a member of the Civil Justice Council of England and Wales, and now as Research Consultant for that body. -
Image-Based Sexual Abuse
Oxford Journal of Legal Studies, (2017), pp. 1–28 doi:10.1093/ojls/gqw033 Image-Based Sexual Abuse Clare McGlynn* and Erika Rackley** Abstract—Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we conceptualise as ‘image-based sexual abuse’. This article delineates the scope of this new concept and identifies the individual and collective harms it engenders. We argue that the individual harms of physical and mental illness, together with the loss of dignity, privacy and sexual autonomy, combine to constitute a form of cultural harm that impacts directly on individuals, as well as on society as a whole. While recognising the limits of law, we conclude by considering the options for redress and the role of law, seeking to justify the deployment of the expressive and coercive powers of criminal and civil law as a means of encouraging cultural change. Keywords: image-based sexual abuse, revenge porn, non-consensual pornography, cultural harm, cyber harassment, online abuse 1. Introduction Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One of these new manifestations of violence and abuse is the non-consensual creation and/or distribution of private sexual images: a phenomenon we have conceptualised as image-based sexual abuse.1 While the misuse of such images is not itself a new * Professor of Law, Durham University. Email: [email protected] ** Professor of Law, University of Birmingham. -
Report of the Committee on Super-Injunctions
Report of the Committee on Super-Injunctions: Super-Injunctions, Anonymised Injunctions and Open Justice Report of the Committee on Super-Injunctions Foreword The Committee on Super-Injunctions was set up in April 2010 in order to examine well- publicised issues of concern to Parliament, the judiciary, the media, and the wider public, following the Trafigura1 and John Terry cases2. These concerns centred round the perceived growth in the use and application of super-injunctions and the increasing frequency with which proceedings were being anonymised. Those concerns were raised by a number of people with the Culture, Media and Sport Select Committee on Press Standards, Privacy and Libel (CMS Select Committee), as succinctly set out in its report of 24 February 2010 (the CMS Report)3. They were also raised by the Lord Chancellor and Ministry of Justice (MoJ) officials with the senior judiciary. As a result of those discussions and the Select Committee’s report I decided to establish this Committee4. The Committee’s terms of reference were: To examine issues of practice and procedure concerning the use of interim injunctions, including super-injunctions and anonymised proceedings, and their impact on the principles of open justice bearing in mind section 12 of the Human Rights Act 1998; To provide a clear definition of the term super-injunction; and Where appropriate, to make proposals for reform, and particularly to make recommendations for any changes to the Civil Procedure Rules (CPR) and Practice Directions. The Committee has examined, and makes recommendations on, the following: The practice and procedure governing interim injunctions which restrict freedom of speech, including super-injunctions and anonymised injunctions; The use of specialist judges to determine applications for super-injunctions; Super-injunctions and the reporting of Parliamentary proceedings; 1 RJW & SJW v The Guardian newspaper & Person or Persons Unknown (Claim no. -
MOSLEY V UNITED KINGDOM
[2012] E.M.L.R. 1 1 MOSLEY v UNITED KINGDOM European Court of Human Rights (Fourth Section) Application No.48009/08 Lech Garlicki (President), Nicolas Bratza, Ljiljana Mijović, David Thór Björgvinsson, Päivi Hirvelä, Ledi Bianku, Nebojša Vučinić, Judges: April 12, 2011 [2012] E.M.L.R. 1 Freedom of expression; Misuse of private information; Newspapers; Notification; Positive obligations; Publication; Right to respect for private and family life H1 Human rights—misuse of private information—freedom of expression—art.8 and art.10—interim injunction—failure of newspaper to give advance warning of intended publication of private information—whether government obliged by art.8 to require press to notify person affected of intention to publish private information—no violation of art.8. H2 The applicant was the subject of an article published on March 30, 2008 on the front page and several inside pages of the erstwhile tabloid newspaper, the News of the World. The article was headlined “F1 boss has sick Nazi orgy with 5 hookers” and began with the sentence “Formula 1 motor racing chief Max Mosley is today exposed as a secret sadomasochistic sex pervert”. The article was illustrated with still photographs taken from video footage secretly recorded by one of the participants. Edited extracts from the video, together with still images, were published on the newspaper’s website and became available elsewhere on the internet. H3 On March 31, 2008, in response to a complaint from the applicant’s solicitors, the News of the World took down the edited video footage from its websites and gave an undertaking not to put it up again without 24 hours’ notice. -
Image-Based Sexual Abuse Rackley, Erika; Mcglynn, Clare
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Birmingham Research Portal Image-based sexual abuse Rackley, Erika; McGlynn, Clare DOI: 10.1093/ojls/gqw033 License: Other (please specify with Rights Statement) Document Version Peer reviewed version Citation for published version (Harvard): Rackley, E & McGlynn, C 2017, 'Image-based sexual abuse', Oxford Journal of Legal Studies. https://doi.org/10.1093/ojls/gqw033 Link to publication on Research at Birmingham portal Publisher Rights Statement: This is a pre-copyedited, author-produced version of an article accepted for publication in Oxford Journal of Legal Studies following peer review. The version of record McGlynn, Clare, and Erika Rackley. "Image-based sexual abuse." Oxford Journal of Legal Studies (2017). is available online at: https://doi.org/10.1093/ojls/gqw033 General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain. -
Interim Relief:National Report for England
INTERIM RELIEF: NATIONAL REPORT FOR ENGLAND AND WALES † JOHN SORABJI This paper examines the English and Welsh (hereafter England and English) civil justice system. It does so in order to answer a series of questions concerning the nature and efficacy of those interim measures available in England. I INTERIM MEASURES AVAILABLE IN ENGLAND English civil procedure provides a variety of interim measures ie, those whose aim is to provide short-term, temporary, relief pending trial and final judgment.1 These measures can broadly be divided into two specific types, albeit the only thing they have in common is that they are not intended to finally determine any issue in the claim or the claim in general. The first type of measure seeks to protect the substantive legal or equitable rights in issue in a claim pending final determination. In doing so they require the court to determine, albeit provisionally, where the balance lies between two competing claims.2 The second type is simply facilitative in that they enable litigants to obtain information or evidence relevant to the claim. These measures do not affect substantive rights, but rather assist the † John Sorabji, Senior Fellow, UCL Judicial Institute, UCL, London; Principal Legal Adviser to the Lord Chief Justice and the Master of the Rolls. 1 Detailed discussion of the various forms of interim relief available in England can be found in: Lord Justice Jackson, Civil Procedure 2018 (Sweet & Maxwell, 2018) vol 1, pt 25 (Commentary to CPR pt 25), vol 2, s 15 (interim remedies) (‘The White Book 2018’); Adrian Zuckerman, Zuckerman on Civil Procedure: Principles of Practice (Sweet & Maxwell, 3rd ed, 2013) ch 10, 15.26ff; Neil Andrews, Andrews on Civil Processes (Intersentia, 2013) vol 1, chs 10, 21. -
Max Mosley and the English Right to Privacy
CORE Metadata, citation and similar papers at core.ac.uk Provided by Washington University St. Louis: Open Scholarship Washington University Global Studies Law Review Volume 10 Issue 3 2011 Max Mosley and the English Right to Privacy James E. Stanley Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Comparative and Foreign Law Commons, and the Human Rights Law Commons Recommended Citation James E. Stanley, Max Mosley and the English Right to Privacy, 10 WASH. U. GLOBAL STUD. L. REV. 641 (2011), https://openscholarship.wustl.edu/law_globalstudies/vol10/iss3/7 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. MAX MOSLEY AND THE ENGLISH RIGHT TO PRIVACY INTRODUCTION On March 30, 2008, the British weekly tabloid News of the World published a characteristically scandalous and salacious piece of journalism.1 Entitled ―F1 Boss Has Sick Nazi Orgy with Hookers,‖2 the article described the participation of Max Mosley,3 then-President of the Fédération Internationale de l‘Automobile (―FIA‖)4 in a sado-masochistic orgy with multiple prostitutes.5 The article was accompanied by images of the alleged orgy, and News of the World‘s website simultaneously published the print edition‘s content along with edited video footage of the sex acts.6 A follow-up story ran on April 6, 2008, in which one of the women involved in the sex acts was interviewed by the newspaper. -
Right to Privacy V. Freedom of Expression: Mosley Case
Dipartimento di Scienze Politiche Cattedra Diritto Dell’Informazione e della Comunicazione Right to privacy v. Freedom of expression: Mosley case Relatore: Prof. Maurizio Mensi Candidato: Matilde Beccatti Matricola 064242 Anno accademico 2011/2012 INDEX 1. Introduction 2. The right to privacy • The Italian right to privacy • The English right to privacy 3. The European Convention on Human Rights and Fundamental Freedoms • Article 10 • Article 8 4. Case study: Max Mosley privacy case • Celebrity gossip and public interest • The importance of the Mosley case in the English privacy law 5. Conclusion RIGHT TO PRIVACY V. FREEDOM OF EXPRESSION: MOSLEY CASE 1. Introduction “… An ‘intense focus’ is necessary upon the comparative importance of the specific rights being claimed in the individual case…” 1. This statement was made during the Mosley v. News Group Newspaper Limited judgment by David Eady, also known as Mr. Justice Eady, an High Court judge in England and Wales notable for having presided over many high- profile libel and privacy cases. In that occasion, once again great attention has been given to the issue of balancing “the competing interests of privacy and of freedom of expression”2. This topic has always been really controversial. After the recognition of the right to privacy, “the normative panorama of the journalistic activity”3 has been completely renewed. Journalists have started paying more attention to the respect of personal dignity of the people involved in their news and it’s also possible to find a more diffuse sensitivity about privacy, a term that in certain society has even became hackneyed. Citizens are now more aware of their rights and this is clearly visible by the higher number of legal cases that fill our tribunals as well as our newspapers today. -
A UK Perspective on an Australian Privacy Tort
Enhancing Press Freedom through Greater Privacy Law: A UK Perspective on an Australian Privacy Tort Paul Wragg Abstract In light of previous inquiries identifying areas of concern in Australia’s privacy law provisions, the Australian Law Reform Commission (‘ALRC’) recently devised a new tort that, if implemented, would better protect individuals from serious invasions of privacy. Although the tort was designed principally with new technologies in mind, there has been vociferous concern that such a tort might unduly inhibit press freedom. This response is familiar to United Kingdom (‘UK’) commentators who have seen the press, in particular, react similarly to common law developments in privacy law. Yet that experience has not been entirely unfavourable to the UK press; indeed, the jurisprudence discloses a generous treatment of the term ‘public interest’, which has kept interference with press activity to a minimum. In light of the reference to press freedom within the ALRC’s proposed tort, and given the absence of an express constitutional provision protecting Australian press speech, this article argues that the UK experience shows how, counterintuitively, the ALRC’s proposed tort could actually enhance, rather than diminish, press freedom protection in Australia. New technologies enable perpetrators to invade a victim’s privacy in ways not previously possible. These serious invasions of privacy are multi-dimensional and complex. We would caution against a simplistic description of such acts as being ‘revenge porn’. [They include] the use of GPS to monitor victim’s movements … monitoring her contacts and abusing her friends and family. Women’s Legal Service Victoria and Domestic Violence Resource Centre Victoria1 Associate Professor in Law, University of Leeds, Leeds, UK; Academic Fellow, Honourable Society of the Inner Temple, London, UK; Visiting Fellow, Sydney Law School, University of Sydney, Sydney, Australia. -
City Research Online
City Research Online City, University of London Institutional Repository Citation: O'Callaghan, O. (2017). Privacy and a free press: locating the public interest. (Unpublished Doctoral thesis, City, University of London) This is the accepted version of the paper. This version of the publication may differ from the final published version. Permanent repository link: https://openaccess.city.ac.uk/id/eprint/17858/ Link to published version: Copyright: City Research Online aims to make research outputs of City, University of London available to a wider audience. Copyright and Moral Rights remain with the author(s) and/or copyright holders. URLs from City Research Online may be freely distributed and linked to. Reuse: Copies of full items can be used for personal research or study, educational, or not-for-profit purposes without prior permission or charge. Provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. City Research Online: http://openaccess.city.ac.uk/ [email protected] PRIVACY AND A FREE PRESS: LOCATING THE PUBLIC INTEREST Exploring the balance between Article 8 and Article 10 rights in a modern media context Oliver O’Callaghan PhD Candidate CITY UNIVERSITY, LONDON LAW SCHOOL JUNE 2017 i TABLE OF CONTENTS Table of Cases (UK) vi Table of Cases (ECHR) viii Table of Cases (USA) ix Table of Cases (Other) x Table of Legislation xi Acknowledgement xii Abstract xiii Part One: Introduction 1 Chapter 1. Introduction & Methodology 1 1.1 Introduction 1 1.2 Methodology 3 Part Two: Privacy and Article 8 5 Chapter 2. -
A New Paradigm of Reparation for Victims of Child
A NEW PARADIGM OF REPARATION FOR VICTIMS OF CHILD PORNOGRAPHY Suzanne Ost ABSTRACT This paper sets out the distinctive harm caused and wrong done to child pornography victims. It presents a paradigm of reparation within a restorative justice framework that explains the significance of material reparation for these victims. The paper demonstrates that because of the particular nature of child pornography offences and the harms and wrongs occasioned, existing avenues for legal redress in England and Wales and the United States are generally inadequate and ill-fitting and that a new mechanism for effecting suitable reparation is required. It concludes by sketching a new mode of restorative justice for victims of child pornography, emphasising significant matters that must be addressed alongside financial redress in order to facilitate victims’ restoration. INTRODUCTION The primary purpose of this paper is to suggest a novel approach to ensuring suitable reparation for child pornography victims in England and Wales and to reveal the shortcomings of existing avenues for redress under the current law. Its unique contribution is to formulate a new paradigm of reparation that reflects a restorative justice approach, understanding that the harm caused to child pornography (CP) victims is physical, psychological, emotional and ongoing. It argues that an appropriate mode of reparation must 1 recognise the symbolic significance of emphasising the wrong that offenders have committed against victims and take into account the collective responsibility of: abusers, those who create CP; those who distribute this material; and those who download it.1 It also lays out other matters which must be addressed in order to facilitate victims’ restoration in the broader context.