Cairns v Modi [2012] 31 October - the Twitter 'grapevine effect' and libel

Cairns v Modi [2012] (31 October 2012): "Australian case law, where the convenient expression, "the grapevine effect" has been adopted: see e.g. Crampton v Nugawela [1996] NSWSC 651.
Mr Caldecott QC contended that with allegations of this scandalous nature it is likely nowadays that word will "percolate" by way of the Internet, and particularly in this case among those interested in cricket – not least because of the responsible position held by Mr Modi and the apparent authority of his words. Dealing with it generally, we recognise that as a consequence of modern technology and communication systems any such stories will have the capacity to "go viral" more widely and more quickly than ever before. Indeed it is obvious that today, with the ready availability of the world wide web and of social networking sites, the scale of this problem has been immeasurably enhanced, especially for libel claimants who are already, for whatever reason, in the public eye. In our judgment, in agreement with the judge, this percolation phenomenon is a legitimate factor to be taken into account in the assessment of damages." 'via Blog this'

New Technologies and Human Rights Monitoring: Workshop Summary

ICT for peace foundation: "new technologies will not be a panacea to address all the challenges of increasing the efficacy of the U.N. human rights monitoring mechanisms, and they will not eliminate the need for greater financial resources and human capital to support special rapporteurs. There was consensus, however, that exciting possibilities already exist for harnessing new technologies to support the work of mandate holders, as well as a committed core of technologists and human rights activists who are willing to advance that effort." 'via Blog this'

Nine admit naming rape victim on social media

BBC News - Ched Evans: Nine admit naming rape victim on social media: "first defendant to be identified was biology teacher Holly Price who retweeted a comment and the court heard Price told police that she had been an "idiot" and wanted to apologise to the victim.
Green named the victim on his Facebook page and the court was told he accepted that it was an "act of utter stupidity" and that he did not realise it was in essence a form of publication.
Thomas named the victim on her Twitter, as did Davies who said he was drunk at the time he posted the tweet.
Ashton named the victim and said she "made him sick" as well as other abuse.
Cardwell, a Sheffield United fan, said he was drunk when he named and abused her and did not realise it was illegal. He later deleted the tweet.
Miss Dowell said Devine posted a tweet which was of "particular concern". The court heard that Devine was angry as Sheffield United had just lost to MK Dons, but the court heard he wanted to apologise to the victim."
'via Blog this'

British National Party member set for ECHR decision

British National Party member’s human rights appeal set for court decision | HUMANERIGHTSEUROPE: "Redfearn v. the United Kingdom (no. 47335/06)
The applicant, Arthur Collins Redfearn, is a British national who was born in 1948 and lives in Bradford (England). The case concerns Redfearn’s complaint that he was dismissed from his job as a driver transporting disabled persons, who were mostly Asian, because he was a member of an extremist right-wing and racist party (the British National Party, “the BNP”). He relies in particular on Articles 10 (freedom of expression), 11 (freedom of assembly and association) and 14 (prohibition of discrimination)."

'via Blog this'

English legal origins of seditious libel and free speech

Note that this article from 1985 explains that treason (and licensing laws) had been used for anti-government publishing until about 1700, when seditious libel in general (i.e. non-personal attacks) was effectively invented by Lord Chief Justice Holt. The free speech campaigner who first used the expression was Daniel Defoe who wrote the novel 'Robinson Crusoe'.

SCL Media Group Seminar Report: Intermediary Liability

SCL Media Group Seminar Report: Intermediary Liability: "In relation to claims for misuse of private information, injunctions will be ordered only if there is a certain level of seriousness involved and if the outcome of the balancing exercise carried out between the claimant's Article 8 and the defendant's Article 10 rights is in favour of the claimant.  Recent cases have involved questions of how effective injunctions are in the Internet age, and suggest that they are still considered an appropriate remedy despite widespread publication on the Internet." 'via Blog this'

Man gets community sentence for Facebook post about dead soldiers

Man gets community sentence for Facebook post about dead soldiers | UK news | guardian.co.uk: "The remarks were derogatory, disrespectful and inflammatory, the court ruled in September as a district judge found him guilty of a grossly offensive communication. He will complete 240 hours of community service over a two-year period, the court ruled.
Sentencing him on Tuesday, the district judge Jane Goodwin told him he was "particularly foolish" and the damage caused by his comments, which could be seen by at least 600 Facebook users, had been substantial." 'via Blog this'