Friday, 27 July 2012

Twitter joke trial: Appeal Judgment Sees the Joke

Essex Internet Law LL.M.: "The Divisional Court has given judgment in the appeal of Paul Chambers against his conviction under the Communications Act 2003, s 127. The Court of Appeal gave judgment on 27 July in Chambers v DPP [2012] EWHC 2157 – the much publicised 'Twitter joke' case. The appeal against conviction was allowed on the basis that this 'tweet' did not constitute or include a message of a menacing character.
The full judgment can be downloaded." 'via Blog this'

Wednesday, 25 July 2012

Britain’s Half-Hearted Bid to Reform Libel Law

Britain’s Half-Hearted Bid to Reform Libel Law - "Perhaps the bill’s greatest weakness is its failure to provide a robust “public interest” defense, which has been a key demand of campaigners. In the United States, New York Times Co. v. Sullivan (1964) established an “actual malice” standard that the press has to meet to avoid action for defamation when reporting on public figures. The English bill however requires writers and journalists to demonstrate that they have been “responsible” in order to qualify for a public interest defense.
The bill includes a checklist of what is defined as “responsible publication,” ranging from the tone of the statement to the “importance” of what is being reported. But compliance with the list’s requirements is debatable and expensive. The uncertainty of this defense will continue to chill the efforts of investigative journalists, scientists and human rights groups from exposing corruption and wrongdoing." 'via Blog this'