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6 Apr 2011, 5:51 pm by INFORRM
The Consultation Paper explains that this is intended to ensure that the provision catches publications to a limited number of people (e.g. a blog with a small number of subscribers). [read post]
3 Apr 2011, 5:02 pm by INFORRM
  Although certain parts of the claim were unarguably comment, Tugendhat J dismissed the application for summary judgment on justification, comment and Reynolds privilege. [read post]
1 Apr 2011, 5:13 am by INFORRM
See Reynolds v Times Newspapers Limited [2001] 2 AC 127 HL, which created the defence, and Jameel v Wall Street Journal Europe Sprl [2007] 1 AC 359 HL, which revitalised it. [read post]
21 Mar 2011, 3:30 am by INFORRM
The Minority Thought blog has a piece under the title “Should we really have to force newspapers to stop smearing innocent people” dealing with the suggestion that Parliament might be asked to ban the media from identifying people arrested by police in criminal investigations until after they have been charged. [read post]
21 Feb 2011, 4:07 pm by INFORRM
Even when modernizing the law of comment (WIC Radio & Mair v Simpson [2008] 2 SCR 420) and creating a new “public interest responsible communication” defence (Grant v Torstar Corp [2009] SCC 61) the court failed to take the step of importing Charter analysis or standards into the common law[12] As to the English solution of Reynolds, Eady J comments sadly that the Reynolds defence “seems hardly ever to be used in litigation. [read post]
31 Jan 2011, 12:53 pm by David Kopel
The states did not argue that the revisions to the Medicaid grant program violate the 4-factor test in S.D. v. [read post]
18 Jan 2011, 4:40 am by SHG
  The solution to nuttiness isn't to shut down the people who point it out, but to not behave nutty. [read post]
22 Dec 2010, 10:22 pm by legalinformatics
While Sotomayor is certainly a role model for people with type-one diabetes, the public coverage could also have at least one negative impact. [read post]
2 Dec 2010, 12:30 am by GuestPost
Director of Public Prosecutions v Deirdre Clancy, Nuin Dunlop, Karen Fallon, Damien Moran, & Ciaron O’Reilly, On July 25th 2006, a Jury in Dublin Circuit Criminal Court voted unanimously to acquit five people charged with criminal damage to a US military transport plane at Shannon Airport. [read post]
20 Nov 2010, 2:01 am by INFORRM
For example, in Ecclestone v Telegraph Media Group Ltd [2009] EWHC 2779 (QB) (Sharp J), the alleged libel was a diary item in the Telegraph which quoted the claimant as saying that she was not a “veggie” and did not “have much time” for people like the McCartneys and Annie Lennox. [read post]
5 Nov 2010, 4:21 am by INFORRM
  It includes the intrinsic worth of human beings shared by all people as well as the individual reputation of each person built upon his or her own individual achievements” (Khumalo v Holomisa [2002] ZACC 12 [27] ) There is social value in ensuring that false statements which adversely impact on a person’s reputation are corrected. [read post]
29 Oct 2010, 3:57 am by INFORRM
But, under reference to the judgment of the European Court of Human Rights in Karakó v Hungary (Application No 39311/05) (unreported), given 28 April 2009, he submitted that article 8 does not confer a right to have your reputation protected from being affected by what other people say. [read post]