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Material must pass minimum threshold of ‘substantially’ adversely affecting someone’s reputation before it can be defamatory – Thornton v Telegraph Media Group, High Court

22 June 2010 | Mark Weston

Dr Sarah Thornton objected to an article written about her in the Daily Telegraph. It said that her interviewees have the right to approve draft material written about them and change it. Although some...

Tags on this discussion: defamation High Court libel

Defamation claims can’t proceed to trial if damage is marginal – Kaschke v Osler, High Court

24 May 2010 | Paul Gershlick

This was a case where Kaschke sued Osler for comments that Osler had made about Kaschke on Osler’s blogs. Kaschke claimed that they were defamatory. Osler applied to strike the claim out as an ‘abuse...

Tags on this discussion: abuse of process Court of Appeal defamation High Court Jameel Kaschke libel New York Times Online Osler web site

High Court reinforces dangers of moderating comments on web site but web site MAY be ok if it does not moderate the actual post complained about – Kaschke v Gray and Hilton, High Court

13 April 2010 | Mark Weston | 2 comments

Kaschke was a local politician. Gray posted some comments on Hilton’s web site that Kaschke argued was defamatory. Kaschke sued both of them for defamation. Hilton argued that he had a defence under...

Tags on this discussion: defamation E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive hosting libel moderating unlawful

No one liable if search engine’s summary of article in search result distorts meaning and makes it defamatory – Budu v BBC, High Court

8 April 2010 | Mark Weston

Neither a publisher of an article nor the search engine service provider should be liable if selected words taken from the publisher’s article by the search engine result changed the meaning and made...

Tags on this discussion: archive defamation E-Commerce Directive E-Commerce Regulations Electronic Commerce Directive High Court libel search engine search engines summary judgment

Government proposes new libel laws that would encourage more freedom of speech especially on web sites

25 March 2010 | Mark Weston

The Government has indicated that it would like to introduce new laws to make libel laws more balanced in the UK. It considers that UK laws on defamation are too heavily weighted in favour of the person...

Tags on this discussion: defamation libel Libel Reform Bill single publication rule

British Airways in the news again for legal spat involving crew – this time over email involving questions over crew member’s honesty in taking whisky – Hughes v Risbridger, High Court

25 March 2010 | Paul Gershlick

R was employed by British Airways in relation to security matters. H was a senior member of BA’s cabin crew. H had been arrested on suspicion of theft over 12 miniature bottles of whisky that he had...

Tags on this discussion: defamation emails libel

Budget airlines hit new low with libel action between two big players

25 February 2010 | Mark Weston

Sir Stelios Haji-Ioannou has said that Ryanair and its chief executive Michael O’Leary have crossed a line and he has been left with no alternative but to issue legal proceedings for defamation. Stelios...

Tags on this discussion: comparative advertising defamation libel trade mark trade mark infringement trade marks

Libel claim ‘totally without merit’ when article only received about four visits – LonZim v Sprague, High Court…

4 December 2009 | Paul Gershlick

The High Court has described a libel claim as being ‘totally without merit’ after the complainants had failed to establish ‘substantial publication’ within England and Wales. The article at the...

Tags on this discussion: defamation libel publication

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Latest news and views tagged libel

Material must pass minimum threshold of ‘substantially’ adversely affecting someone’s reputation before it can be defamatory – Thornton v Telegraph Media Group, High Court

Defamation claims can’t proceed to trial if damage is marginal – Kaschke v Osler, High Court

High Court reinforces dangers of moderating comments on web site but web site MAY be ok if it does not moderate the actual post complained about – Kaschke v Gray and Hilton, High Court

No one liable if search engine’s summary of article in search result distorts meaning and makes it defamatory – Budu v BBC, High Court

Government proposes new libel laws that would encourage more freedom of speech especially on web sites

British Airways in the news again for legal spat involving crew – this time over email involving questions over crew member’s honesty in taking whisky – Hughes v Risbridger, High Court

Budget airlines hit new low with libel action between two big players

Libel claim ‘totally without merit’ when article only received about four visits – LonZim v Sprague, High Court…

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