Pub Date : 2019-01-02DOI: 10.1080/17577632.2019.1679425
John A. Larkin
ABSTRACT Libel tourism is the phenomenon whereby litigants issue libel claims in inappropriate fora in order to avail themselves of the pro-claimant laws therein. For years, London held the reputation as the global capital for libel tourism. However, following controversy in this area in the 2000s and passage of both the US SPEECH Act and Defamation Act 2013, the debate surrounding the libel tourism has taken several new directions. Many commentators now wonder whether libel tourists, deprived of a haven in London, will flock to fora with more pro-claimant regimes. Others go further, suggesting that libel tourism has the potential to flare up once more in England and that the 2013 Act leaves the door open to libel tourists. Some scholars have even asserted that such is the danger, an international convention must be established to ensure that the blight of libel tourism is finally slain. This article investigates how realistic and desirable these new developments in the debate are.
{"title":"False havens: assessing new developments in the libel tourism debate","authors":"John A. Larkin","doi":"10.1080/17577632.2019.1679425","DOIUrl":"https://doi.org/10.1080/17577632.2019.1679425","url":null,"abstract":"ABSTRACT Libel tourism is the phenomenon whereby litigants issue libel claims in inappropriate fora in order to avail themselves of the pro-claimant laws therein. For years, London held the reputation as the global capital for libel tourism. However, following controversy in this area in the 2000s and passage of both the US SPEECH Act and Defamation Act 2013, the debate surrounding the libel tourism has taken several new directions. Many commentators now wonder whether libel tourists, deprived of a haven in London, will flock to fora with more pro-claimant regimes. Others go further, suggesting that libel tourism has the potential to flare up once more in England and that the 2013 Act leaves the door open to libel tourists. Some scholars have even asserted that such is the danger, an international convention must be established to ensure that the blight of libel tourism is finally slain. This article investigates how realistic and desirable these new developments in the debate are.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"11 1","pages":"108 - 82"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1679425","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42707068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/17577632.2019.1668605
L. Woods
ABSTRACT This article considers the approach taken by the Online Harms White Paper to constructing a statutory duty of care and argues that while not explicit the approach taken is consistent with a ‘by design’ approach.
{"title":"The duty of care in the Online Harms White Paper","authors":"L. Woods","doi":"10.1080/17577632.2019.1668605","DOIUrl":"https://doi.org/10.1080/17577632.2019.1668605","url":null,"abstract":"ABSTRACT This article considers the approach taken by the Online Harms White Paper to constructing a statutory duty of care and argues that while not explicit the approach taken is consistent with a ‘by design’ approach.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"11 1","pages":"17 - 6"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1668605","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48756059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/17577632.2019.1666475
Victoria Nash
As the 2019 Online Harms White Paper (OHWP) notes, the Internet is an increasingly integral part of our lives, and can offer ‘significant benefits’.1 In order to ensure these benefits are not under...
{"title":"Revise and resubmit? Reviewing the 2019 Online Harms White Paper","authors":"Victoria Nash","doi":"10.1080/17577632.2019.1666475","DOIUrl":"https://doi.org/10.1080/17577632.2019.1666475","url":null,"abstract":"As the 2019 Online Harms White Paper (OHWP) notes, the Internet is an increasingly integral part of our lives, and can offer ‘significant benefits’.1 In order to ensure these benefits are not under...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"11 1","pages":"18 - 27"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1666475","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43539890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/17577632.2019.1666488
Damian Tambini
A consensus has formed that the negative social externalities of online harms combined with huge market power of internet intermediaries justify regulation of online service providers.1 Fake news, ...
{"title":"The differentiated duty of care: a response to the Online Harms White Paper","authors":"Damian Tambini","doi":"10.1080/17577632.2019.1666488","DOIUrl":"https://doi.org/10.1080/17577632.2019.1666488","url":null,"abstract":"A consensus has formed that the negative social externalities of online harms combined with huge market power of internet intermediaries justify regulation of online service providers.1 Fake news, ...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"11 1","pages":"28 - 40"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1666488","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41943361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/17577632.2019.1670445
J. Rowbottom
{"title":"Introduction","authors":"J. Rowbottom","doi":"10.1080/17577632.2019.1670445","DOIUrl":"https://doi.org/10.1080/17577632.2019.1670445","url":null,"abstract":"","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"11 1","pages":"1 - 5"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1670445","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47269668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/17577632.2019.1666476
S. Theil
ABSTRACT The internet has revolutionised our ability to communicate and connect across historic social, political and geographic divides. Where previously gatekeepers mitigated and negotiated access to mass media platforms, today potentially anyone – and any content – can reach millions of users in an instant. This development bears great opportunities for the democratisation of expression and the diversification of public discourse but has likewise broadened the impact of harm caused online. This raises the question how platforms and services can be regulated effectively to combat online harms without jeopardising free and open discourse. The paper explores the Online Harms White Paper published by the UK Government earlier this year and compares its regulatory approach with the infamous German Network Enforcement Law.
{"title":"The Online Harms White Paper: comparing the UK and German approaches to regulation*","authors":"S. Theil","doi":"10.1080/17577632.2019.1666476","DOIUrl":"https://doi.org/10.1080/17577632.2019.1666476","url":null,"abstract":"ABSTRACT The internet has revolutionised our ability to communicate and connect across historic social, political and geographic divides. Where previously gatekeepers mitigated and negotiated access to mass media platforms, today potentially anyone – and any content – can reach millions of users in an instant. This development bears great opportunities for the democratisation of expression and the diversification of public discourse but has likewise broadened the impact of harm caused online. This raises the question how platforms and services can be regulated effectively to combat online harms without jeopardising free and open discourse. The paper explores the Online Harms White Paper published by the UK Government earlier this year and compares its regulatory approach with the infamous German Network Enforcement Law.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"11 1","pages":"41 - 51"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1666476","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47914720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/17577632.2019.1653540
E. Barendt
This stimulating book has a broad historical scope. Its 25 chapters cover censorship from the suppression in the fifteenth and sixteenth centuries of translations of the Bible to the removal of boo...
{"title":"Censored: a literary history of subversion and control","authors":"E. Barendt","doi":"10.1080/17577632.2019.1653540","DOIUrl":"https://doi.org/10.1080/17577632.2019.1653540","url":null,"abstract":"This stimulating book has a broad historical scope. Its 25 chapters cover censorship from the suppression in the fifteenth and sixteenth centuries of translations of the Bible to the removal of boo...","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"11 1","pages":"109 - 112"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1653540","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44785918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/17577632.2019.1582134
J. Rowbottom
ABSTRACT In Richard v BBC, a media report revealing that the police were investigating a person in relation to alleged historic sex offence was found to violate the claimant’s expectation of privacy. The ruling is important in drawing new boundaries on what can be reported in relation to criminal investigations. This article examines the decision and considers its relationship with other areas of law. In particular, the decision showed an overlap with defamation in so far as injury to reputation was central to the claim. More broadly, the law of privacy can now limit the publication of information about prior convictions, suggesting greater protection is now offered for personal information relating to the criminal justice system.
{"title":"Reporting police investigations, privacy rights and social stigma: Richard v BBC","authors":"J. Rowbottom","doi":"10.1080/17577632.2019.1582134","DOIUrl":"https://doi.org/10.1080/17577632.2019.1582134","url":null,"abstract":"ABSTRACT In Richard v BBC, a media report revealing that the police were investigating a person in relation to alleged historic sex offence was found to violate the claimant’s expectation of privacy. The ruling is important in drawing new boundaries on what can be reported in relation to criminal investigations. This article examines the decision and considers its relationship with other areas of law. In particular, the decision showed an overlap with defamation in so far as injury to reputation was central to the claim. More broadly, the law of privacy can now limit the publication of information about prior convictions, suggesting greater protection is now offered for personal information relating to the criminal justice system.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"10 1","pages":"115 - 127"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1582134","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49109181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/17577632.2019.1579296
Sally Broughton Micova, Felix Hempel, Sabine Jacques
ABSTRACT This article investigates and compares the changes to both the Audiovisual Media Services Directive and the Copyright Directive, through which European Union policymakers have sought to protect European content producers, mainly in the face of competition from US-based platforms. Contributing to debates about platform and content regulation, we examine the approaches taken with these two legislative changes and assess the potential for success of the most recent efforts. Ultimately, we argue that if revised as proposed the Copyright Directive runs the risk of further adding to the imbalance of power between press publishers and online platforms, and that the level playing field approach taken in the AVSMD revision is more likely to be at least somewhat effective in addressing that imbalance.
{"title":"Protecting Europe’s content production from US giants","authors":"Sally Broughton Micova, Felix Hempel, Sabine Jacques","doi":"10.1080/17577632.2019.1579296","DOIUrl":"https://doi.org/10.1080/17577632.2019.1579296","url":null,"abstract":"ABSTRACT This article investigates and compares the changes to both the Audiovisual Media Services Directive and the Copyright Directive, through which European Union policymakers have sought to protect European content producers, mainly in the face of competition from US-based platforms. Contributing to debates about platform and content regulation, we examine the approaches taken with these two legislative changes and assess the potential for success of the most recent efforts. Ultimately, we argue that if revised as proposed the Copyright Directive runs the risk of further adding to the imbalance of power between press publishers and online platforms, and that the level playing field approach taken in the AVSMD revision is more likely to be at least somewhat effective in addressing that imbalance.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"10 1","pages":"219 - 243"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2019.1579296","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45155976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/17577632.2018.1592284
V. Bronstein, Judith Katzew
ABSTRACT The South African public broadcaster, the SABC has faced serious threats to its independence. The ruling African National Congress has been the dominant political party since South Africa’s first democratic elections and factional battles have played out in the SABC from time to time. President Zuma and the Minister of Communications visibly took control of the SABC through Hlaudi Motsoeneng, the Chief Operations Officer between 2011 and 2017. This article examines the mechanisms and processes that allowed institutional safeguards intended to guard the autonomy and independence of the SABC to be subverted. The incorporation of the SABC as a company accounts for some of its vulnerability. Although good institutional and governance structures are important for any public broadcaster, they cannot protect the institution on their own. Vocal political support for independent public broadcasting crossed frontiers of race, class and politics. This support accounts for the resilience of the SABC.
{"title":"Safeguarding the South African public broadcaster: governance, civil society and the SABC","authors":"V. Bronstein, Judith Katzew","doi":"10.1080/17577632.2018.1592284","DOIUrl":"https://doi.org/10.1080/17577632.2018.1592284","url":null,"abstract":"ABSTRACT The South African public broadcaster, the SABC has faced serious threats to its independence. The ruling African National Congress has been the dominant political party since South Africa’s first democratic elections and factional battles have played out in the SABC from time to time. President Zuma and the Minister of Communications visibly took control of the SABC through Hlaudi Motsoeneng, the Chief Operations Officer between 2011 and 2017. This article examines the mechanisms and processes that allowed institutional safeguards intended to guard the autonomy and independence of the SABC to be subverted. The incorporation of the SABC as a company accounts for some of its vulnerability. Although good institutional and governance structures are important for any public broadcaster, they cannot protect the institution on their own. Vocal political support for independent public broadcasting crossed frontiers of race, class and politics. This support accounts for the resilience of the SABC.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":"10 1","pages":"244 - 272"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2018.1592284","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46069718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：