Category: Article 10 | Freedom of Expression
12 April 2010 by Isabel McArdle
SAMUEL KINGSFORD BUDU v THE BRITISH BROADCASTING CORPORATION [2010] EWHC 616 (QB), 23 March 2010
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A claim for libel in respect of three articles in a news website’s archive has been struck out in the Hight Court by Mrs Justice Sharp. When read in context, the articles were incapable of bearing the alleged defamatory meaning, the publisher had attached Loutchansky notices to them, and it would be a disproportionate interference with the publisher’s rights under ECHR Article 10 to allow the claim to proceed where it had been brought after four years had passed since the publication of the articles.
Summary
The Claimant brought proceedings in respect of three archived articles published by the BBC in mid 2004. They related to the decision of Cambridgeshire Constabulary to withdraw an oral job offer made to the Claimant after subsequently investigating the legality of his immigration status. Within weeks of first being published, the articles became accessible only in the archive, via search engines. The action related to the articles in the archive and the related Google snippets.
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2 April 2010 by Adam Wagner
We posted yesterday on Dr Simon Singh’s victory in the Court of Appeal. Unsurprisingly a number of interesting press comments have been published this morning:
- Dr Simon Singh writes in The Guardian that “the battle for libel reform has only just begun.” He warns that “yesterday’s decision was only a ruling on potential defences and the meaning of my article, so I have not won yet. Indeed, the case could continue for another two years and run for four years in total.”
- Francis Gibb writing in The Times says that “The ruling by Lord Judge, Lord Chief Justice; Lord Neuberger of Abbotsbury, Master of the Rolls and Lord Justice Sedley may put an end to the idea that the courts are the first, rather than the last, resort.”
- Ian Burrell, writing in the Guardian says that Dr Singh has “won a victory for freedom of speech in his cause célèbre libel battle with the body that represents Britain’s chiropractors.”
- John Kampfner, the chief executive of Index on Censorship, writes in the Independent that “Once in a while, in these days of antagonism towards the political-legal establishment, something happens that gladdens the heart.”
1 April 2010 by Adam Wagner
British Chiropractic Association v Dr Singh [2010] EWCA Civ 350
(Read judgment)
Dr Simon Singh has won the first battle in the libel action, brought by the British Chiropractic Association (BCA), in the Court of Appeal. Dr Singh was sued by the BCA in respect of an article he wrote in The Guardian in April 2008, in which he said there was not enough evidence to prove that chiropractic treatment is effective against certain childhood conditions including colic and asthma.
Mr Justice Eady ruled against Dr Singh in May 2009 in relation to two important preliminary issues. Dr Singh appealed to the Court of Appeal, and Lord Judge, Lord Neuberger and Lord Justice Sedley were asked to rule on the preliminary points relating to possible defences.
The Court has used the opportunity to mount a robust and somewhat lyrical defence of the right to freedom of expression.
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1 February 2010 by Adam Wagner
There was significant media attention over the weekend on the imposing and then lifting of a so-called ‘super injunction’ against press coverage of Chelsea footballer and England Captain John Terry’s alleged extra-marital affair. Mr Justice Tugendhat reversed a previous decision to impose the injunction (read judgment). Super injunctions not only block publication of the details of the case, but also any mention of the case existing at all. This morning’s Guardian asks whether this decision could be the beginning of the end for the super injunction:
Article 8 of the European Convention on Human Rights enshrines the right to privacy. But Index on Censorship is concerned that this right is increasingly used as a pre-emptive alternative to a defamation suit. In some ways, a superinjunction works better than a libel suit: after all, in libel cases, the allegations must be published first, and there is a chance (though only slight) that the litigant may actually lose.
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19 November 2009 by Rosalind English
(1)Novartis Pharmaceuticals Uk Ltd (2) Andrew Roy Grantham v (1) Stop Huntingdon Aminal Cruelty (SHAC) by its representative Max Gastone (2) Greg Avery (3) Natasha Avery (4) Heather James [2009] EWHC 2716 (QBD)
Sweeney J 30 October 2009
An injunction against animal rights protesters could not be altered to increase the restriction on their protest without a disproportionate interference with the protesters’ rights under Articles 10 and 11 of the Convention.
Click below for summary and comment by Rosalind English or here to read the full judgment
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SAMUEL KINGSFORD BUDU v THE BRITISH BROADCASTING CORPORATION [2010] EWHC 616 (QB), 23 March 2010
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