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 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 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 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 264 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 Anonymous Speech written by Eric Barendt and published by Bloomsbury Publishing. This book was released on 2016-07-14 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anonymous Speech: Literature, Law and Politics discusses the different contexts in which people write anonymously or with the use of a pseudonym: novels and literary reviews, newspapers and political periodicals, graffiti, and now on the Internet. The book criticises the arguments made for a strong constitutional right to anonymous speech, though it agrees that there is a good case for anonymity in some circumstances, notably for whistle-blowing. One chapter examines the general treatment of anonymous speech and writing in English law, while another is devoted to the protection of journalists' sources, where the law upholds a freedom to communicate anonymously through the media. A separate chapter looks at anonymous Internet communication, particularly on social media, and analyses the difficulties faced by the victims of threats and defamatory allegations on the Net when the speaker has used a pseudonym. In its final chapter the book compares the universally accepted argument for the secret ballot with the more controversial case for anonymous speech. This is the first comprehensive study of anonymous speech to examine critically the arguments for and against anonymity. These arguments were vigorously canvassed in the nineteenth century – largely in the context of literary reviewing – and are now of enormous importance for communication on the Internet.
Download or read book The Parliamentary Debates Hansard written by Great Britain. Parliament. House of Lords and published by . This book was released on 2013 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 295 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 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 Defamation Law 1e written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Download or read book Privacy and injunctions written by Great Britain: Parliament: Joint Committee on Privacy and Injunctions and published by The Stationery Office. This book was released on 2012-03-27 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be truly effective. Substantial changes to press regulation are needed to ensure that it encompasses all major news publishers including, in time, major bloggers. The Committee makes several recommendations including that the reformed regulator should: have access to a wider range of sanctions, including the power to fine; be cost-free to complainants; be able to determine the size and location of a published apology, and the date of publication; play a greater role in arbitrating and mediating privacy disputes. One possible mechanism the Committee suggests is for advertisers to agree to advertise only in publications that are members of the press regulator and subscribe to its rules. It also concludes that parliamentarians should ensure that material subject to an injunction is only revealed in Parliament when there is good reason to do so
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 Defamation and Freedom of Speech written by Dario Milo and published by Oxford University Press, USA. This book was released on 2008-02-14 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.