Splashing a topless Duchess

15 09 2012

Category; Law, Privacy

British newspapers are crowing that they refrained from publishing photographs of a topless Kate, Duchess of Cambridge, while a French magazine, (to use tabloid terminology) splashed them. And that despite France having criminal laws protecting privacy! (click here for article)

The British papers are doing all that refraining, and all that pointing out of the pointlessness of a privacy law, because we are in the eye of the tornado that is the Leveson enquiry.

Sir Brian is writing up his report at the moment; preparing the proposals that will frame the future of media regulation. Like a child in the run-up to Christmas, the British press wants the present-giver (or denier) to see what good boys and girls they are, unlike the boys and girls across the street.

Lord Justice Leveson asked me my views on this when I visited his enquiry; alright, strictly speaking he asked some other people who were witnesses to the enquiry while I was just in the public gallery, but it was the same room…

In any event, here’s my suggestion for press regulation in relation to privacy; make the punishment fit the offence. Read the rest of this entry »





Nice try Mr Twitter

27 05 2011

Category; Media, Law, Privacy

If the courts took the approach I recently talked about and simply used the common law to deal with the issues raised by superinjunctions it’s been suggested to me this wouldn’t cover the twitter problem…it might stop the newspapers, but it can’t stop individuals tweeting away.

Yes it can. And the head of Twitter in Europe seems to have realised that too. Tony Wang recently warned that individual users who post secrets need to watch out because the law might come after them. Read the rest of this entry »





Super Solution to Super Injunctions

24 05 2011

Category: Law, Media, Privacy

The legal earthquake over superinjunctions is the result of a number of tectonic plates crashing up against each other; European legal codes v English common law, and European privacy v Anglo-Saxon free speech.

There’s no good reason this has become such a public mess. Except that the law is not used to being hurried and lobbied and that is what has happened. A whole new, untested, area of law emerged after Max Mosley won his privacy case. The judges were thrown by this and have been struggling ever since to come up with a credible and coherent response. There is one – and it lies within longstanding English law. Read the rest of this entry »








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