Media Law: Publications
The Levson Inquiry - The Opening Salvos
In this article Isabel Hudson considers some of the heated debates on press regulation which have taken place in the opening stages of the Leveson Inquiry, established to consider the culture, practices and ethics of the press.
Who Guards The Guardian
The 'inforrm' media law blog and Legal Week have published an article by Partner Nigel Tait about the Trafigura 'super-injunction' against the Guardian.
The Legal Aid, Sentencing and Punishment of Offenders Bill
Carter-Ruck has made a written submission to the House of Commons Public Bill Committee, explaining how many ordinary people will be denied access to justice if the Legal Aid, Sentencing and Punishment of Offenders Bill is passed in its current form.
'One law for the rich'
The Times has published on its website an article by Carter-Ruck senior partner Andrew Stephenson concerning the government's proposed changes to litigation funding and their potential impact on access to justice.
When a picture speaks more than a thousand words
In an article published in leading photography magazine "Turning Pro", Luke Staiano explains the law of privacy and its relevance to photographers.
Sex, secrets and sedition
In this article for Legal Week Athalie Matthews explores the tensions between the courts and Parliament over privacy injunctions.
Hiding Behind Anonymity
In an article published on the media law blog, INFORRM, Lucy Middleton looks at anonymity and the internet and the ways in which the identity of an online miscreant can be revealed.
The Draft Defamation Bill
The Government has recently announced various controversial reforms to the law of defamation in a draft Defamation Bill.
On 12 May 2011 Nigel Tait and Athalie Matthews responded to the Government's proposals in an article in Legal Week, which you can read here:
IBC annual Defamation and Privacy Conference
On 15 March 2011 Luke Staiano gave a talk at the IBC annual Defamation and Privacy Conference in London on the potential implications of Lord Justice Jackson's proposed reforms of litigation costs.
Who you talking about?
In an article published in leading photography magazine "Turning Pro", Guy Martin and Luke Staiano look at how photographs can be defamatory, particularly when the image is manipulated
or accompanied by captions.
City University
In November 2010, Carter-Ruck Partners Andrew Stephenson and Magnus Boyd were invited to join other leading media lawyers to debate the future of libel reform.
Click here for Andrew's paper on "Science and libel".
Click here for Magnus's paper on the rights of corporate bodies to sue for defamation.
Libel Update – Comment Defence receives another facelift
In an article published in the Entertainment Law Review, Stevie Loughrey analyses the impact of the Supreme Court's decision in Joseph v Spiller on the Comment defence.
...And nothing but the truth
In an article published in leading photography magazines, "Professional Photographer" and "Turning Pro", Guy Martin and Luke Staiano provide some ideas on how photographers can protect their professional reputations in the age of new media.
Press outrage over privacy law is both misconceived and misdirected
In an article published by journalism.co.uk, Stevie Loughrey gives his thoughts on the media reaction to the evolving law of privacy.
The case for “super-injunctions”
Much of the recent press outrage about so-called "super-injunctions" has been hysterical and hyperbolic and has betrayed a fundamental misunderstanding of the reasons why such injunctions exist in the first place. Stevie Loughrey provides a rejoinder to the debate.
Managing Medical Reputations
Doctors are increasingly under public and press scrutiny. In an article for 'Clinical Risk' Magnus Boyd looks at the specific concerns that the medical profession has to deal with, how and where such issues arise and what steps doctors can take to manage those risks.
Has the Internet rendered English contempt laws redundant?
Stevie Loughrey looks at the potential impact of widespread availability of extraneous prejudicial material on jury trials and makes recommendations for how the law of contempt should be re-calibrated to make it effective in today’s digital world.
Your Crash Course in Media Law
Magnus Boyd joined forces with leading public relations firm Waggener Edstrom Worldwide to present a seminar on reputation management. PR Week reports on the issues discussed at the event, and in particular how PR professionals and media lawyers can work together to promote and protect the reputations of their clients.
Bound but not Gagged
Stevie Loughrey responds to the attack by Paul Dacre, Editor of the Daily Mail, on developments in the law of privacy. Do our privacy laws really represent a threat to press freedom, or simply a threat to newspaper profits based on salacious 'Kiss 'N' Tell' stories?
Fleet Street is not on its Knees
Conditional Fee (or 'no-win, no-fee') Agreements have long provoked indignation amongst the media and Defendant lawyers. They claim that the additional costs involved in defending a case on a CFA basis are having a ‘chilling effect’ on investigative journalism and freedom of the press generally. Edward Yell disputes this.
Reputation as a Convention Right
Reading libel Judgments from the English courts provides information about developments in the law but does much less in terms of informing of trends and approaches being used by legal practitioners in the field. Court Judgments also state little about the vast majority of claims which are settled without contested hearings and often without court proceedings being commenced at all.
Obtaining Injunctions ... or How to Apply The Methods of The Spanish Inquisition
Emergency injunctions are by their nature sought at the eleventh hour before publication, when the subject of the article has received notice of the intended publication only very late in the day. Nigel Tait explains the practicalities and pitfalls of seeking a 'pyjama injunction'.
The Annihilation of the Right to Privacy by the Court of Appeal
Nigel Tait considers a number of cases in which the Court of Appeal appears to have restricted the right to respect for private and family life. However, Nigel was clearly not alone in being concerned about the erosion of this right, noting in a post-script that the House of Lords overturned many of the defects of the Court of Appeal in the landmark case of Naomi Campbell v Mirror Group Newspapers.
Libel Law: The declining role of Juries
Trial by jury has long been recognised as a fundamental right for libel claimants – yet it’s clear that jury trials are becoming increasingly rare.
George Galloway v Telegraph Group Ltd
The libel defence of qualified privilege protects responsibly researched and presented statements published in the public interest. The case of George Galloway v Telegraph Group Ltd clarifies the development and remit of the defence since its genesis in the case of Reynolds v Times Newspapers in 1999.
Strasbourg Privacy Revolution
The protection of individuals from media intrusion is a fast-developing theme in English law. The conflict between the right to private life (under Article 8 of the European Convention of Human Rights) and the right to freedom of expression (Article 10) was scrutinised by the European Court of Human Rights in the decision of von Hannover v Germany. Hugh Tomlinson QC and Mark Thomson considers the conclusions of the Court and their influence upon the developing English law of privacy.
New Model Privacy
The case of Campbell v Mirror Group Newspapers was an important clarification of the English law of privacy and has since become the foundation of subsequent privacy judgments. Hugh Tomlinson QC and Mark Thomson examines the effect of the case on journalism and the increasingly rigorous endeavours required of the press when contemplating whether to publish private information.
The Decline of English Libel Trials?
Alasdair Pepper and Antonia Foster discuss whether the recent trend towards settlement in libel trials heralds a decline in English libel trials. Reviewing the impact of the main factors contributing to the current state of affairs, including the Offer of Amends procedure, Conditional Fee Agreements, and the defence of responsible journalism, they conclude that, despite the shifting legal landscape, libel litigation is as popular as ever.
Naomi Campbell Privacy Victory
The case of Naomi Campbell v Mirror Group Newspapers was the moment when the English legal system effectively embraced a law of privacy. Claire Gill examines the judgment and comments on the law relating to privacy and how a public figure, no matter how high profile, is nevertheless entitled to a private life.
Defamation: Not What the Doctor Ordered
Professional reputation is a precious commodity that may take years to achieve, but may be ruined in days by a slander or libel. This is especially true within the medical profession, a setting where trust is paramount. Magnus Boyd considers the potential pitfalls medical practitioners may face and how such risks can be avoided or resolved.
Privacy and The Media
The increasing involvement of the courts in privacy issues over the last twenty years has been mirrored by the increasing activity of media regulators. Mark Thomson looks at the different regulations, decisions, and bodies that populate this area, but concludes that media regulation ultimately has a limited efficacy, due primarily to the lack of sanctions available to the regulatory bodies.
OK! What Have You Bought Now?
Although Court of Appeal judgment in Douglas v Hello! has clarified and extended the law of privacy, it has simultaneously cast doubt over the law of commercial confidence, the distinction between privacy rights and confidence rights, and what rights may and may not be sold. Hugh Tomlinson QC and Mark Thomson seek to explain the reasoning of the case and call upon the House of Lords to redress this ambiguity and provide adequate remedies for such an invasion of privacy.
Privacy: The Major Flaw - The Horse Has Already Bolted (British Journalism Review, September 2006)
In an article first published in the British Journalism Review, Mark Thomson considers how cheaper print costs and the internet have led to revolutionary changes in the media landscape and legal landscape – and in particular to new levels of press intrusion. Mark examines self-regulation of the media by the PCC and Ofcom and queries whether their powers provide a sufficient check on this intrusion.
Confidence, Privacy and Damages: Hello! to Clarity (New Law Journal, 21 November 2003)
The case of Douglas v Hello! is well-known for shaping our still-evolving privacy laws. Hugh Tomlinson QC and Mark Thomson review the first instance judgment given in the High Court in Douglas and also consider more recent privacy cases in both the English courts and the European Court of Human Rights.
Developments in Privacy: Douglas, Peck & Cream Holdings
Mark Thomson considers three seminal cases in the development of privacy law in England and Wales.
Privacy, The Law and Media Regulation
Mark Thomson examines the role of the PCC, Ofcom and the courts in regulating the media, and considers a number of judgments and rulings made in privacy cases.