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  • Mosley v UK

    Carl Gardner
    May 10, 2011

    Max Mosley has lost his case in the European Court of Human Rights, in which he claimed that the UK breached his right to respect for private life under article 8 of the ECHR by failing to impose a legal […]

    Tags: freedom of expression, human rights, media law, private life
  • Breaching so-called “superinjunctions” on Twitter: is this how low we’ve sunk?

    Carl Gardner
    May 9, 2011

    The BBC has reported that someone on Twitter has purported to “out” a number of celebrities who have supposedly obtained “superinjunctions” to protect their privacy.

    It’s unlikely of course that all of them are “superinjunctions” at all, which are injunctions […]

    Tags: freedom of expression, human rights, injunctions, media law, private life
  • John Hemming, sub judice and the public interest: “no abuse of parliamentary procedure”?

    Carl Gardner
    April 27, 2011

    Yesterday afternoon there was speculation that John Hemming MP was planning to “break a superinjunction” in the House under cover of Parliamentary privilege.

    Then, not long after 5 o’clock, John Hemming made a point of order in the Commons [update: […]

    Tags: children, freedom of expression, injunctions, parliament
  • ZAM v CFW & TFW: has John Hemming changed his mind?

    Carl Gardner
    April 20, 2011

    I posted recently about last month’s High Court judgment in this case, in which Mr Justice Tugendhat granted an injunction to stop allegations which were not even defended as true, and which Tugendhat J thought could involve an […]

    Tags: freedom of expression, injunctions, media law, parliament
  • ZAM v CFW & TFW: “suing for libel in secret”

    Carl Gardner
    March 30, 2011

    David Leigh has written in the Guardian today about a “superinjunction” granted in a libel case, preventing publication not only of allegations made about about the claimant, known as ZAM, but of his identity. He’s also tweeted about […]

    Tags: defamation, freedom of expression, media law
  • Watkins v Woolas

    Carl Gardner
    November 6, 2010

    All the media has been reporting the case Phil Woolas lost in the High Court yesterday, sitting as an Election Court. So you probably know his election in Oldham East and Saddleworth has to be run again, and that, […]

    Tags: freedom of expression, human rights, parliament
  • Ray Gosling: prosecution is against the public interest

    Carl Gardner
    August 20, 2010

    The Crown Prosecution Service has issued a press release today saying it has decided that Ray Gosling should be prosecuted for wasting police time under section 5(2) of the Criminal Law Act 1967, following his Inside Out […]

    Tags: crime, freedom of expression, human rights, media law
  • Privacy law: there’s no need for “clarification”

    Carl Gardner
    August 18, 2010

    Following on from my post the other day about privacy and the notorious “back door”, I’m surprised Lord McNally has been taken in sufficiently to propose new privacy legislation to “clarify” the law and remove some of its […]

    Tags: freedom of expression, government, human rights, media law, private life
  • Privacy law “through the back door”

    Carl Gardner
    August 12, 2010

    I’m baffled by the prevalence of the belief among journalists that judges are bringing in a privacy law “by the back door”. It’s the phrase the Telegraph uses when reporting the fact that the golfer and Ryder Cup captain […]

    Tags: freedom of expression, human rights, media law, private life
  • Fox v Federal Communications Commission

    Carl Gardner
    July 13, 2010

    On the day the High Court here has delivered a blow against the Foxification of our media, in the United States Fox TV (together with the big networks, CBS, ABC and NBC among others) has had a genuine legal […]

    Tags: freedom of expression, human rights, media law, US constitution
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