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The Governments Response To The Report Of The Joint Committee On The Draft Defamation Bill
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Book Synopsis The Government's response to the report of the Joint Committee on the Draft Defamation Bill by : Great Britain: Ministry of Justice
Download or read book The Government's response to the report of the Joint Committee on the Draft Defamation Bill written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2012-02-29 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government response to HL 203/HC 930-I, session 2010-12 (ISBN 9780108473814). The draft Defamation Bill was included in Cm. 8020 (ISBN 9780101802024)
Author :Great Britain: Parliament: Joint Committee on the Draft Defamation Bill Publisher :The Stationery Office ISBN 13 :9780108473814 Total Pages :82 pages Book Rating :4.4/5 (738 download)
Book Synopsis Draft Defamation Bill by : Great Britain: Parliament: Joint Committee on the Draft Defamation Bill
Download or read book Draft Defamation Bill written by Great Britain: Parliament: Joint Committee on the Draft Defamation Bill and published by The Stationery Office. This book was released on 2011-10-19 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on the Draft Defamation Bill welcomes many of the reforms proposed in the draft Bill. However, the report proposes many detailed amendments to the defences available against libel claims, mainly designed to strike a fairer balance between the protection of reputation and freedom of speech. For example, greater protection is proposed for scientists and academics writing in peer-reviewed articles. The Government's proposals do not do enough to address the key problems in defamation law - the "unacceptably" high costs which make access to justice difficult for many. The Committee proposes a series of reforms aimed at ensuring that disputes are generally resolved rapidly by mediation or arbitration, rather than via the courts. An essential step in encouraging early resolution of disputes is the abolition of jury trials in defamation actions, in all but exceptional cases. Judges will then be required to take key decisions affecting the outcome of the case at an early stage, before massive legal costs are incurred. Trivial cases should be weeded out at an early stage. A new notice and take-down procedure for the internet is proposed. Internet hosts gain the protection of the law provided they act responsibly by following the new procedure. Any anonymous postings must be taken down upon complaint, unless authors are prepared to identify themselves or there is an overriding public interest in publication. Furthermore, is should be made more difficult for companies to use their financial muscle and the threat of court action to silence critics.
Book Synopsis Privacy and injunctions by : Great Britain: Parliament: Joint Committee on Privacy and Injunctions
Download or read book Privacy and injunctions written by Great Britain: Parliament: Joint Committee on Privacy and Injunctions and published by The Stationery Office. This book was released on 2012-03-27 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be truly effective. Substantial changes to press regulation are needed to ensure that it encompasses all major news publishers including, in time, major bloggers. The Committee makes several recommendations including that the reformed regulator should: have access to a wider range of sanctions, including the power to fine; be cost-free to complainants; be able to determine the size and location of a published apology, and the date of publication; play a greater role in arbitrating and mediating privacy disputes. One possible mechanism the Committee suggests is for advertisers to agree to advertise only in publications that are members of the press regulator and subscribe to its rules. It also concludes that parliamentarians should ensure that material subject to an injunction is only revealed in Parliament when there is good reason to do so
Book Synopsis The Europeanisation of English Tort Law by : Paula Giliker
Download or read book The Europeanisation of English Tort Law written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?
Book Synopsis Media Law and Policy in the Internet Age by : Doreen Weisenhaus
Download or read book Media Law and Policy in the Internet Age written by Doreen Weisenhaus and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.
Author :Great Britain: Parliament: House of Commons Publisher :The Stationery Office ISBN 13 :9780215048387 Total Pages :442 pages Book Rating :4.0/5 (483 download)
Book Synopsis Sessional Returns by : Great Britain: Parliament: House of Commons
Download or read book Sessional Returns written by Great Britain: Parliament: House of Commons and published by The Stationery Office. This book was released on 2012-09-14 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover and title page: House, committees of the whole House, general committees and select committees
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780108551680 Total Pages :56 pages Book Rating :4.5/5 (516 download)
Book Synopsis House of Lords - House Of Commonos - Joint Commmittee on Human Rights: Legislative Scrutiny: Immigration Bill - HL 102 - HC 935 by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book House of Lords - House Of Commonos - Joint Commmittee on Human Rights: Legislative Scrutiny: Immigration Bill - HL 102 - HC 935 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-12-18 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights accepts that the measures in the Immigration Bill serve the legitimate aim of immigration control, but is concerned that some of them may be applied in practice in a way which breaches human rights in particular cases. The Committee is particularly concerned about the risk of the new provisions relating to residential tenancies giving rise in practice to homelessness in the case of people who have no right to remain in the UK but face genuine barriers to leaving. The Committee is also concerned to ensure that these measures do not give rise to an undue risk that migrant children will be exposed to homelessness or separation from family members. The provisions in the Bill on access to residential tenancies may heighten the risk of racial discrimination against prospective tenants, notwithstanding the fact that such discrimination is unlawful under the Equality Act. The First Tier Tribunal, not the Secretary of State, should decide whether it is within its jurisdiction to consider a new matter raised on an appeal. In the report, the Committee concludes that the restriction on appeal rights might constitute a serious threat to the practical ability to access the legal system to challenge unlawful immigration and asylum decisions, and to enforce the statutory duty to have regard to the need to safeguard and promote the welfare of children when exercising immigration and asylum functions. The Committee also comments on other aspects of the Bill.
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :0108554589 Total Pages :48 pages Book Rating :4.1/5 (85 download)
Book Synopsis HL 189, HC 1293 - Legislative Scrutiny: (1) Criminal Justice and Courts Bill and (2) Deregulation Bill by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book HL 189, HC 1293 - Legislative Scrutiny: (1) Criminal Justice and Courts Bill and (2) Deregulation Bill written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2014-06-11 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.
Book Synopsis Defamation and Freedom of Speech by : Dario Milo
Download or read book Defamation and Freedom of Speech written by Dario Milo and published by Oxford University Press, USA. This book was released on 2008-02-14 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.
Book Synopsis Freedom of Speech in Universities by : Alison Scott-Baumann
Download or read book Freedom of Speech in Universities written by Alison Scott-Baumann and published by Routledge. This book was released on 2021-02-25 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech and extremism in university campuses are major sources of debate and moral panic in the United Kingdom today. In 2018, the Joint Committee on Human Rights in Parliament undertook an inquiry into freedom of speech on campus. It found that much of the public concern is exaggerated, but identified a number of factors that require attention, including the impact of government counter-terrorism measures (the Prevent Duty) and regulatory bodies (including the Charity Commission for England and Wales) on freedom of speech. This book combines empirical research and philosophical analysis to explore these issues, with a particular focus on the impact upon Muslim students and staff. It offers a new conceptual paradigm for thinking about freedom of speech, based on deliberative democracy, and practical suggestions for universities in handling it. Topics covered include: The enduring legacy of key thinkers who have shaped the debate about freedom of speech The role of right-wing populism in driving moral panic about universities The impact of the Prevent Duty and the Charity Commission upon Muslim students, students’ unions and university managers Students’ and staff views about freedom of speech Alternative approaches to handling freedom of speech on campus, including the Community of Inquiry This highly engaging and topical text will be of interest to those working within public policy, religion and education or religion and politics and Islamic Studies.
Author :United States. Department of Health, Education, and Welfare. Secretary's Advisory Committee on Automated Personal Data Systems Publisher : ISBN 13 : Total Pages :396 pages Book Rating :4.3/5 (91 download)
Book Synopsis Records, Computers, and the Rights of Citizens by : United States. Department of Health, Education, and Welfare. Secretary's Advisory Committee on Automated Personal Data Systems
Download or read book Records, Computers, and the Rights of Citizens written by United States. Department of Health, Education, and Welfare. Secretary's Advisory Committee on Automated Personal Data Systems and published by . This book was released on 1973 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Parliamentary Debates (Hansard). by : Great Britain. Parliament. House of Commons
Download or read book Parliamentary Debates (Hansard). written by Great Britain. Parliament. House of Commons and published by . This book was released on 2012 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :0108554465 Total Pages :60 pages Book Rating :4.1/5 (85 download)
Book Synopsis The Implications for Access to Justice of the Government's Proposals to Reform Judicial Review - HL 174, HC 868 by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book The Implications for Access to Justice of the Government's Proposals to Reform Judicial Review - HL 174, HC 868 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2014-04-30 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the report The Implications For Access To Justice Of The Government's Proposals To Reform Judicial Review HC (868), the number of judicial reviews has remained remarkably steady when the increase in the number of immigration judicial reviews (now handled by the Upper Tribunal) is disregarded. The report covers: procedural defects and substantive outcomes; legal aid for judicial review cases; interveners and costs; capping of costs (protective costs orders); alternatives to the Government's judicial review reforms; judicial review and the public sector equality duty.
Book Synopsis Media & Entertainment Law by : Ursula Smartt
Download or read book Media & Entertainment Law written by Ursula Smartt and published by Routledge. This book was released on 2019-11-12 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Media and Entertainment Law has been fully updated, analysing some of the most recent judgments in media law from across the United Kingdom, such as Cliff Richard v the BBC, Max Schrems v Facebook and the Irish Information Commissioner, developments on the ‘right to be forgotten’ (NT1 and NT2) and ABC v Daily Telegraph (Sir Philip Green). The book’s two main themes are freedom of expression and an individual’s right to privacy. Regulation of the communication industries is covered extensively, including discussion of the print press and its online editions following Leveson, traditional broadcasting regulations for terrestrial TV and radio as well as media activities on converged devices, such as tablets, iPads, mobile phone devices and ‘on demand’ services. Intellectual property law (specifically copyright) in the music and entertainment industries is also explored in the book’s later chapters. Also new to this edition are sections on: A focus on freedom of expression: its philosophical foundations; the struggles of those who have fought for it; and the varied ways in which the courts interpret freedom of expression regarding the taking and publishing of photographs. The ‘right to be forgotten’, data breaches, and the General Data Protection Regulation (GDPR). The media’s increasing access to the courts, particularly when considering the privacy of those who are suspected of sexual offences. Press regulators, broadcasting and advertising regulations, and film and video regulations. Election and party-political broadcast regulations, with a focus on social media and recent election fraud. The emergence of online music distribution services, internet radio and free digital streaming music services, and their effect on the music industry. The fourth edition also features a variety of pedagogical features to encourage critical analysis of case law and one’s own beliefs.
Author :Great Britain: Parliament: Joint Committee on Human Rights Publisher :The Stationery Office ISBN 13 :9780108493898 Total Pages :40 pages Book Rating :4.4/5 (938 download)
Book Synopsis Legislative Scrutiny by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book Legislative Scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2012-12-12 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the Defamation Bill's main provisions is the introduction of a statutory defence for responsible publication in the public interest, which would put in place a checklist of factors for consideration by the court. The Committee considers the proposed defence to be inflexible and suggests an alternative formulation which would use a test of "reasonable belief that the publication was in the public interest", that it believes will provide greater clarity and flexibility. The Committee is also concerned that another proposed defence for website operators - available where they do not author content and either facilitate contact with the author or remove material where they cannot establish contact - could create a 'chilling effect' for material online. It recommends that the threshold for such material be raised from defamatory to unlawful to protect against that threat. The Committee also: calls for the Government to provide reassurance that those publishing defamatory material will be properly protected by the proposed clause establishing a "single publication rule" - if it cannot, the Committee encourages the Government to explore an alternative defence of "non-culpable republication"; recommends that the Bill be amended to ensure that corporate claimants can sue only where there is substantial financial loss incurred; and welcomes the Government's work with the Civil Justice Council to consider the legal aid regime in the area, but stresses the need for a solution to ensure that all persons, regardless of financial means, can access justice in defamation proceedings
Download or read book Defamation Law 1e written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defamation and the Right to Freedom of Speech by : Mariette Jones
Download or read book Defamation and the Right to Freedom of Speech written by Mariette Jones and published by Taylor & Francis. This book was released on 2024-06-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights’ jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of human rights law and media law.
