Download or read book The Government s response to the report of the Joint Committee on the Draft Defamation Bill written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2012-02-29 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government response to HL 203/HC 930-I, session 2010-12 (ISBN 9780108473814). The draft Defamation Bill was included in Cm. 8020 (ISBN 9780101802024)
Download or read book Legislative Scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2012-12-12 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the Defamation Bill's main provisions is the introduction of a statutory defence for responsible publication in the public interest, which would put in place a checklist of factors for consideration by the court. The Committee considers the proposed defence to be inflexible and suggests an alternative formulation which would use a test of "reasonable belief that the publication was in the public interest", that it believes will provide greater clarity and flexibility. The Committee is also concerned that another proposed defence for website operators - available where they do not author content and either facilitate contact with the author or remove material where they cannot establish contact - could create a 'chilling effect' for material online. It recommends that the threshold for such material be raised from defamatory to unlawful to protect against that threat. The Committee also: calls for the Government to provide reassurance that those publishing defamatory material will be properly protected by the proposed clause establishing a "single publication rule" - if it cannot, the Committee encourages the Government to explore an alternative defence of "non-culpable republication"; recommends that the Bill be amended to ensure that corporate claimants can sue only where there is substantial financial loss incurred; and welcomes the Government's work with the Civil Justice Council to consider the legal aid regime in the area, but stresses the need for a solution to ensure that all persons, regardless of financial means, can access justice in defamation proceedings
Download or read book Draft Defamation Bill written by Great Britain: Parliament: Joint Committee on the Draft Defamation Bill and published by The Stationery Office. This book was released on 2011-10-19 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Defamation Act 2013 written by Great Britain and published by . This book was released on 2013-05-03 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Act reforms aspects of the law of defamation. The civil law on defamation has developed through the common law over a number of years, periodically being supplemented by statute, most recently the Defamation Act 1952 ("the 1952 Act") and the Defamation Act 1996 ("the 1996 Act"). The Draft Defamation Bill (Cm 8020, ISBN 9780101802024) was published for full public consultation and pre-legislative scrutiny on 15 March 2011 and closed on 10 June 2011. In addition to the Government consultation, pre-legislative scrutiny of the draft Bill was undertaken by a Parliamentary Joint Committee. The committee's final report was published on 19 October 2011 (The Joint Committee on the Draft Defamation Bill Report Session 2010-2012, HL 203, HC 930-I). (ISBN 9780108473814). The Government response to the Joint Committee's report was published in February 2012 (The Government's Response to the Report of the Joint Committee on the Draft Defamation Bill Cm 8295, 9780101829526) and set out the Government's conclusions including on certain matters raised in the public consultation but not specifically addressed in the Committee's report
Download or read book Draft Defamation Bill written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-03-15 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Defamation Act 2013 written by Great Britain and published by . This book was released on 2013-04-30 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Act reforms aspects of the law of defamation. The civil law on defamation has developed through the common law over a number of years, periodically being supplemented by statute, most recently the Defamation Act 1952 ("the 1952 Act") and the Defamation Act 1996 ("the 1996 Act"). The Draft Defamation Bill (Cm 8020, ISBN 9780101802024) was published for full public consultation and pre-legislative scrutiny on 15 March 2011 and closed on 10 June 2011. In addition to the Government consultation, pre-legislative scrutiny of the draft Bill was undertaken by a Parliamentary Joint Committee. The committee's final report was published on 19 October 2011 (The Joint Committee on the Draft Defamation Bill Report Session 2010-2012, HL 203, HC 930-I). (ISBN 9780108473814). The Government response to the Joint Committee's report was published in February 2012 (The Government's Response to the Report of the Joint Committee on the Draft Defamation Bill Cm 8295, 9780101829526) and set out the Government's conclusions including on certain matters raised in the public consultation but not specifically addressed in the Committee's report
Download or read book Government Response to the Report of the Joint Committee on the Draft Online Safety Bill written by Great Britain. Department for Digital, Culture, Media and Sport and published by . This book was released on 2022 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defamation and the Right to Freedom of Speech written by Mariette Jones and published by Taylor & Francis. This book was released on 2024-06-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Europeanisation of English Tort Law written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Handbook of Social Media and the Law written by Laura Scaife and published by CRC Press. This book was released on 2014-11-20 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Racist Victimization written by Georgios Antonopoulos and published by Routledge. This book was released on 2016-04-08 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the phenomenon of racist victimization in a number of countries, uncovering and analyzing its historical roots, its relation to the legal system in a particular national context, its extent and the response to it. Through the international comparative approach adopted and the broad geographical range of studies presented, including national settings which have so far been largely ignored by the literature on racist victimization, the volume offers a truly international perspective on an important social, political and academic issue. As such, Racist Victimization: International Reflections and Perspectives will constitute essential reading not only for sociologists and socio-legal scholars, but for anyone working in the field of race and ethnicity, crime and justice, criminology, victimology or policing.
Download or read book Legal Cases New Religious Movements and Minority Faiths written by James T. Richardson and published by Routledge. This book was released on 2016-04-22 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: New religious movements (NRMs) and other minority faiths have regularly been the focus of legal cases around the world in recent decades. This is the first book to focus on important aspects of the relationship of smaller faiths to the societies in which they function by using specific legal cases to examine social control efforts. The legal cases involve group leaders, a groups’ practices or alleged abuses against members and children in the group, legal actions brought by former members or third parties, attacks against such groups by outsiders including even governments, and libel and slander actions brought by religious groups as they seek to defend themselves. These cases are sometimes milestones in the relation between state authorities and religious groups. Exploring cases in different parts of the world, and assessing the events causing such cases and their consequences, this book offers a practical insight for understanding the relations of NRMs and other minority religions and the law from the perspective of legal cases. Chapters focus on legal, political, and social implications. Including contributions from scholars, legal practitioners, actual or former members, and authorities involved in such cases from various jurisdictions, this book presents an objective approach to understanding why so many legal actions have involved NRMs and other minority faiths in recent years in western societies, and the consequences of those actions for the society and the religious group as well.
Download or read book Parliamentary Debates Hansard written by Great Britain. Parliament. House of Commons and published by . This book was released on 2012 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative Scrutiny Update written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-04-15 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an update on the the progress of the Committee's lagislative scrutiny work as the end of the Parliamentary session approaches. It identifies the bills still under scrutiny - Children and Families Bill, the Marriage (Same Sex Couples) Bill and the Energy Bill, all carried over to the next session - the bills cleared, and the bills the Committee have not been able to scrutinize properly. The Committee makes recommendations as to how obstacles to effective scrutiny can be overcome.
Download or read book Records Computers and the Rights of Citizens written by United States. Department of Health, Education, and Welfare. Secretary's Advisory Committee on Automated Personal Data Systems and published by . This book was released on 1973 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Media Law and Policy in the Internet Age written by Doreen Weisenhaus and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.
Download or read book Media Freedom in the Age of Citizen Journalism written by Coe, Peter and published by Edward Elgar Publishing. This book was released on 2021-12-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace, and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice.
