Now out – Medium Law – the book! – Lex Ferenda

Now out – Medium Law – the book! – Lex Ferenda: "I will set out the case for continuing to acknowledge within regulation, and in some cases use as the basis for special regulation, the medium. This is not to say that every silo ought to be defended on equal terms. There are plenty of examples where the lines drawn for legal purposes make no sense, and may have never made sense in the first place.

But I will propose that the idea of converged, cross-platform, medium-neutral media regulation is unattainable in practice and potentially undesirable in substance. 


What I’ve tried to do in the book is identify the role of the medium in media law. Chapter two is about the significance of the medium, historically and in the present day, including an extended discussion of Canadian media scholars Harold Innis and Marshall McLuhan, and examples from outside of conventional media law. Two long chapters, following a similar structure, investigate the medium within the film and game sectors – both affected by digital technologies and by specific forms of regulation. " 'via Blog this'

Index on Censorship | Art and the Law: Guides to the legal framework and its impact on artistic freedom of expression - Index on Censorship

Index on Censorship | Art and the Law: Guides to the legal framework and its impact on artistic freedom of expression - Index on Censorship: "Freedom of expression is essential to the arts. But the laws and practices that protect and nurture free expression are often poorly understood both by practitioners and by those enforcing the law.

As part of Index on Censorship’s work on art and offence, Index has published a series of law packs intended to address questions about legal limits related to free expression and the arts." 'via Blog this'

Uber/Barcelona in CJEU

EUR-Lex - 62015CN0434 - EN - EUR-Lex: "Request for a preliminary ruling from the Juzgado Mercantil No 3 de Barcelona (Spain) lodged on 7 August 2015 — Asociación Profesional Élite Taxi v Uber Systems Spain, S.L.

(Case C-434/15)

(2015/C 363/27)" 'via Blog this'

After Snowden, there is clear evidence of a paradigmatic shift in journalist-source relations

After Snowden, there is clear evidence of a paradigmatic shift in journalist-source relations | Comments from media industry experts: "All through my time as a journalist there has been a behind-the-scenes battle going on to close down journalists’ access to insider sources – people who are usually deeply concerned about what is going on under the cover of blanket secrecy. These are the people who allow journalists to do their aspirational fourth estate role of monitoring what intelligence does, in our name.

 Until Edward Snowden’s documents began to be published in June 2013 – again by the Guardian – no one other than the intelligence agencies and a handful of cabinet ministers knew the sheer scale of personal information that was being collected by GCHQ as part of the National Security Agency’s ‘Five Eyes’ network.

The Snowden revelations – that our actions and movements are recorded digitally – raise serious questions over the ability of journalists to protect their sources whether in intelligence agencies, government or corrupt private companies.

 Over the last months I interviewed over a dozen investigative journalists, at least two from each of the Five Eyes countries. All have extensive experience of national security reporting." 'via Blog this'

Charter of Fundamental Rights

Introduction to Human Rights – UK Human Rights Blog:

"it would seem that the much wider Charter of Rights is now part of our domestic law. Moreover, that much wider Charter of Rights would remain part of our domestic law even if the Human Rights Act were repealed." (R(AB) v Secretary of State [2013] EWHC 3453 (Admin), at [14])

 This instrument, which was given legal effect by Article 6(1) TEU (the Lisbon Treaty), is controversial because it contains a range of rights some of which mimic those in the European Convention of Human Rights, others which go beyond the scope of the ECHR by appearing to grant social and economic rights to citizens of the EU, including the right to health care (Article 35), access to services (Article 36) and social security (Article 34).  These are aspirational “rights” whose effect on the EU legislature has yet to be played out.

 Although it has full Treaty force, the Charter does not extend the competence or powers of the EU (Article 51(2) of the Charter and  Article 6(1) TEU).  The jurisprudence of the European Court of Justice has long established the rule that the human rights aspect of Community law is only binding on member states when their actions engage EU law (Case 5/88 Wachauf and Case C-260/89 ERT ).  However, EU law reaches far into the relationship between state and citizen and as a result the UK has filed an “opt-out” protocol in respect of the Charter, Article 1 of which states that it

does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms (Protocol No 30 of 2007)" 'via Blog this'

Today's The Anniversary Of A Landmark Freedom Of The Press Case

Today's The Anniversary Of A Landmark Freedom Of The Press Case - RightsInfo: "The key consequence of the decision in Sunday Times v UK is that newspapers can publish stories on court cases where it is in the public interest for them to do so. On the other hand, it is also important that there should never be a ‘trial by newspaper’ or, now, trial by Google, Facebook or Twitter.

‘Trial by newspaper’ is the phrase used to describe the impact of television and media coverage on a person’s reputation before their trial in a court of law. It is important that this does not happen because it might look like the media coverage is able to affect the legal proceedings in some way, which could undermine the public’s confidence in the justice system.

It could also cause jury members or parties to legal proceedings to pre-judge the case, which potentially denies parties a fair trial." 'via Blog this'

Court of Appeal injuncts revelation of celebrity's extramarital threesome

Court of Appeal injuncts revelation of celebrity's extramarital threesome - Lexology: "The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100)." 'via Blog this'