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12 May 2019, 5:06 am
Before the publication of the Online Harms White Paper on 8 April 2019 I proposed a Ten Point Rule of Law test to which it might usefully be subjected. [read post]
7 Jan 2015, 4:01 pm
Here are some EU and UK internet legal developments to look out for in 2015 (last year’s list here). [read post]
13 Jul 2021, 4:40 pm
One of the more perplexing provisions of the draft Online Safety Bill is its multi-level definition of legal but harmful content (“lawful but awful” content, to give it its colloquial name). [read post]
3 May 2018, 4:42 pm
Right now the ECommerce Directive – or at any rate the parts that shield hosting intermediaries from liability for users’ content – is under siege. [read post]
28 Apr 2013, 7:04 am
Back in July 2011 I commented on the Court of Appeal judgment in Newspaper Licensing Agency v Meltwater ([2011] EWCA Civ 890) and explained how the reach of digital copyright had accidentally been increased beyond that in the offline world. [read post]
22 Oct 2018, 4:18 pm
Should social media platforms be subject to a statutory duty of care, akin to occupiers’ liability or health and safety, with the aim of protecting against online harms? [read post]
28 Dec 2018, 4:17 pm
A bumper crop of pending litigation and legislative initiatives for the coming year (without even thinking about Brexit). [read post]
29 Apr 2019, 4:14 pm
On 8 April 2019, spent the best part of a day reading the UK government’s Online Harms White Paper, I concluded that if the road to hell was paved with good intentions, this was a motorway. [read post]
1 Aug 2014, 3:40 am
At breakneck speed and amidst considerable controversy the Data Retention and Investigatory Powers Act 2014 (DRIPA) became law in the UK on Thursday 17th July 2014, having been introduced as an emergency Bill on Monday 14 July 2014. [read post]
29 Aug 2013, 12:30 am
Section 5 of the Defamation Act 2013 provides (or will do when the Act comes into force) a complete defence from a defamation claim for a website operator who can show that it did not post the statement on the website. [read post]
22 May 2017, 4:09 pm
Article 15 of the ECommerce Directive lays down the basic principle that EU Member States cannot impose a general obligation on internet intermediaries to monitor what people say online. [read post]
9 Oct 2018, 4:32 pm
This summer marked the fiftieth anniversary of the Theatres Act 1968, the legislation that freed the theatres from the censorious hand of the Lord Chamberlain of Her Majesty’s Household. [read post]
31 May 2021, 4:52 pm
Two years on from the April 2019 Online Harms White Paper, the government has published its draft Online Safety Bill. [read post]
1 Jan 2020, 4:24 pm
Never mind Brexit, what is coming up on the UK internet legal scene in the coming year? [read post]
22 Feb 2014, 4:08 pm
The decision of the European Court of Justice in Svensson v Retriever Sverige AB (Case C‑466/12, 13 February 2014) has established some important points about the legality of linking under EU copyright law: A clickable direct link to a copyright work made freely available on the internet with the authority of the copyright holder does not infringe. [read post]
22 Dec 2022, 5:57 am
From what feels like time immemorial the UK government has paraded its proposed online harms legislation under the banner of ‘What is Illegal Offline is Illegal Online’. [read post]
22 Jan 2017, 2:21 am
A preview of some of the UK internet legal developments that we can expect in 2017. [read post]
16 May 2012, 9:53 pm
The Defamation Bill published last week after the Queen’s Speech contains four clauses of especial significance for the internet: Clause 5 a new defence for website operators in respect of third party posts. [read post]
1 Jul 2021, 2:50 am
Can something that I write in this blog restrict someone else’s freedom of expression? [read post]
2 Nov 2021, 5:23 pm
One of the more intriguing aspects of the draft Online Safety Bill is the government’s insistence that the safety duties under the draft Bill are not about individual items of content, but about having appropriate systems and processes in place; and that this is protective of freedom of expression. [read post]
