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English libel law is not fit for purpose

Síle Lane
2011 Serials: The Journal for the Serials Community  
At the UK general election in 2010, all three major parties included reform of the libel laws as a manifesto commitment and in March 2011 the Government published their draft Defamation Bill 9 to fulfil  ...  The UK Government published a draft Defamation Bill in March 2011 in response to a public campaign objecting to the stifling of these discussions.  ... 
doi:10.1629/24150 fatcat:uttlwqprizehvmjgaxu5hhuvgu

Libel tourism in the context of press freedom

Olga Bogdańska
2016 Annales UMCS Politologia  
Through an extensive review of relevant case law and studies I would like to draw attention to the problem of libel tourism which creates a chilling effect on press freedom.  ...  A number of recent cases included wealthy libel tourists such as Nicole Since 2005, the number of libel actions in the High Court has doubled, and in 2009, there were 219 defamation cases issued; 34 of  ...  A Draft Defamation Bill was first published in March 2011. This part sets out to summarize the main elements of the 2009-2012 reforms to defamation law in the English jurisdiction.  ... 
doi:10.17951/k.2015.22.1.195 fatcat:lh7nn73novcxzgdhziptxgrsqe

The "global pariah", the Defamation Bill and the Human Rights Act

Gavin Phillipson
2020 Northern Ireland Legal Quarterly  
On the one hand, it remarked approvingly that: The "global pariah", the Defamation Bill and the Human Rights Act Neither the Government's draft Bill nor Lord Lester's Bill imposes any requirement that  ...  Without procedural reforms, any changes made by the Bill will have little impact on the problems that have been identified with defamation law.  ... 
doi:10.53386/nilq.v63i1.380 fatcat:esjojs5yongdvbbmicuzbbepwy

Response to the consultation by the Ministry of Justice on the Draft Defamation Bill

Gavin Sutter
2012 European Journal of Law and Technology  
This is a collaborative submission from a group of academics based in the UK with expertise in information technology law and related areas.  ...  The preparation of this response has been funded by the Information Technology Think Tank, which is supported by the Arts and Humanities Research Council and led by the SCRIPT/AHRC  ...  Rather, the Defamation Bill should be concerned with making necessary improvements for the law of defamation within the UK, including protecting the right of any potential claimant who demonstrably has  ... 
dblp:journals/jilt/Sutter12 fatcat:zqzjy3qjjzbvbgwnil5lr7zbku

The Problem of Trans-National Libel

Lili Levi
2012 The American journal of comparative law  
On the legal front, it supports the procedural focus of Britain's proposed bill, but also calls for foreign courts to apply a governmental interest analysis to choice of law in trans-national defamation  ...  On March 15, 2011, the British Ministry of Justice proposed a draft Defamation Act 2011 with provisions designed, inter alia, to discourage libel tourism.  ...  yet to be adopted and English commentators are far from See also Jordan, supra (summarizing proposals for reform of English defamation law prior to 2011 draft bill).  ... 
doi:10.5131/ajcl.2011.0011 fatcat:cx5j2j2ntfa3xek5kglesdfxti

The Problem of Trans-National Libel

Lili Levi
2011 Social Science Research Network  
On the legal front, it supports the procedural focus of Britain's proposed bill, but also calls for foreign courts to apply a governmental interest analysis to choice of law in trans-national defamation  ...  On March 15, 2011, the British Ministry of Justice proposed a draft Defamation Act 2011 with provisions designed, inter alia, to discourage libel tourism.  ...  yet to be adopted and English commentators are far from See also Jordan, supra (summarizing proposals for reform of English defamation law prior to 2011 draft bill).  ... 
doi:10.2139/ssrn.1795237 fatcat:7s4xotmywvagvbyfcptlspr5gy

Choice of Law for Defamation, Privacy Rights and Freedom of Speech

Peter Arnt Nielsen
2019 Oslo Law Review  
The problem is that the EU has not yet harmonised the choice-of-law rules for defamation and privacy rights. Thus, proposals for reform of the EU choice-of-law rules are discussed.  ...  The conflict between defamation and privacy rights on the one hand and freedom of speech on the other in international litigation is very controversial in the EU.  ...  a new Defamation Bill. 5 The aim of the Bill was to reform the law of defamation to ensure a fair balance between the right to freedom of expression and the protection of reputation, and to deal with  ... 
doi:10.18261/issn.2387-3299-2019-01-06 fatcat:jn5bv7stl5dmtahsuikz4gntry

The fragmentation of intermediary liability in the UK

D. Mac Sithigh
2013 Journal of Intellectual Property Law & Practice  
Reform of the law of defamation The than English law has ever been: 'it is a defence for the operator to show that it was not the operator who posted the statement on the website'.  ...  Lord Lester's original Bill proposed a new defence for 'facilitators', while the Joint Committee on the Draft Defamation Bill proposed a distinction between authored and anonymous speech (where a statement  ... 
doi:10.1093/jiplp/jpt094 fatcat:dnsp2fgt4rftvffu7ewgis3gg4

Closed Data: Defamation and Privacy Disputes in England and Wales

Judith Townend
2013 Journal of Media Law  
This is the published version of the paper. This version of the publication may differ from the final published version.  ...  on the Draft Defamation Bill and the Joint Committee on Privacy and Injunctions.  ...  ). 24 Lord Lester, Oral Evidence to Joint Committee on the Draft Defamation Bill, Oral and Associated Written[T]he Ministry of Justice and the Courts Service should as a priority agree a basis for the  ... 
doi:10.5235/17577632.5.1.31 fatcat:3rpljusnqjg6llpkegjbas2zl4

Computers and the Coalition: Legislation on Law and Information Technology, 2010-2015

Daithí Mac Síthigh
2015 SCRIPTed: A Journal of Law, Technology & Society  
the Draft Defamation Bill (2010-2012) HL 203, HC 930; see also Government response, Cm 8295. 18 A Mullis & A Scott, "The Swing of the Pendulum: Reputation, Expression and the Recentering of English Libel  ...  The resulting legislation, based on a draft Bill 16 and pre-legislative scrutiny by a parliamentary committee, 17 as well as previous reports and a Private Members Bill in the House of Lords, was indeed  ...  The unanticipated slew of new criminal offences, and the undoing of inherited regulatory assumptions on video-on-demand and gambling, highlight a real concern on the part of Government members with the  ... 
doi:10.2966/script.120215.141 fatcat:q2moejepivbvvhqxveof4p42cy

Section 18C, Human Rights, and Media Reform: An Institutional Analysis of the 2011–13 Australian Free Speech Debate

Chris Berg, Sinclair Davidson
2016 Agenda - A Journal of Policy Analysis and Reform  
In the case of the Gillard Government's media laws, those costs were borne by the Gillard Government, and one would not expect print media laws to be a major political issue in the absence of a further  ...  media laws.  ...  The HRAD Bill was the result of this process, and was released in draft form on 20 November 2012. The HRAD Bill controversy was based on the fact that one provision echoed the language of s. 18C.  ... 
doi:10.22459/ag.23.01.2016.01 fatcat:ely7b5rdvreopc7wcjfssulj5i

Cybercrime Lawmaking and Human Rights in Ethiopia

Kinfe Micheal Yilma
2021 Mizan Law Review  
This article examines key aspects of the Draft Computer Crime Proclamation prepared by the Media Law Working Group from a human rights perspective.  ...  Part of this legal reform program has been the revision of Computer Crime Proclamation No 958/2016.  ...  First, the Draft Computer Misuse Act was benchmarked after relatively older cybercrime laws of Singapore (1998) and the UK (1990). 41 Second, the scope of this Bill -like the Criminal Code-was circumscribed  ... 
doi:10.4314/mlr.v15i1.3 fatcat:ipdikjp6vvg4tlmgr2issut6ba

Gagging the writer: The implicit censorship of non-fiction trade book publishing in Australia

Katherine Day
2021 Text: Journal of the Australian Association of Writing Programs  
But writing the tell-all or exposé is not without consequences, particularly with Australia's defamation laws notorious for casting a "chilling effect" on freedom of speech  ...  lives of public persons, and sometimes a perspective that might otherwise be considered private.  ...  Section 30 of the Australian Defamation Act 2005.  ... 
doi:10.52086/001c.23465 fatcat:i75v6afwc5flfjrcapscqifcne

Empirical insights into corporate defamation: an analysis of cases decided 2004–2013

David J. Acheson
2016 Journal of Media Law  
The intention is to widen the range of methods with which to assess both common arguments for reforming corporate defamation law, and the 'serious financial loss' requirement imposed on most corporate  ...  claimants by s 1(2) of the Defamation Act 2013.  ...  it on in the USA'. 235 Publication on a matter of public interest: a fault-based corporate defamation law?  ... 
doi:10.1080/17577632.2016.1182713 fatcat:py2rqn57vzfldhoe3u3qndgorq

Balancing freedom of expression and the right to reputation: reflections on Reynolds and reportage

Eric Barendt
2020 Northern Ireland Legal Quarterly  
now set out in the UK government's Draft Defamation Bill.  ...  the Draft Defamation Bill.  ... 
doi:10.53386/nilq.v63i1.373 fatcat:kpadvkcncbeg5hh3ww2ftxe22q
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