The country’s notoriously plaintiff-friendly law of defamation will be a tad less so under legislated reforms now taking effect. Under the Defamation Act 2013, complainants will need to show “serious harm,” peer-reviewed scientific publications and material published in the public interest will gain a new defense, a single-publication rule will be introduced, and new rules intended to combat libel tourism will exclude cases with little connection to England or Wales. [BBC]
Posts Tagged ‘libel slander and defamation’
Free speech roundup
- Arizona water utility sues customer over criticism [Popehat, which also has a free-speech-themed Blawg Review tribute and the year in blasphemy law]
- Harvey Silverglate, “The Slow Death of Free Speech at Harvard” [Minding the Campus] Cato’s Free Speech Week coverage includes video of recent Jonathan Rauch panel [Tim Lynch]
- Arrest warrant issued after Connecticut man tells Facebook readers he plans to take toy guns into school to prove point [Volokh]
- In Florida, it’s illegal for two or more people to join together and spend more than $500 on a state ballot issue [Ilya Shapiro; Jacob Sullum on other grassroots-activist chill effects] Brad Smith on the fight at the Supreme Court between Shaun McCutcheon and the FEC [WSJ]
- “Florida Condo Developer Sues Residents Over Website” [IJ]
- Lawmaker to introduce anti-SLAPP bill to curb vexatious plaintiffs in Pennsylvania, and no state needs it more [Philly Law Blog; cf. Michigan which also could use a hand]
- Will measures to criminalize revenge porn erode Section 230, the provision that shelters online media operators from liability for user-added content? [Mark Bennett, Scott Greenfield] At European Court for Human Rights, notice-and-takedown policy not enough to insulate Estonian website from liability for racist user comments [Stanford CIS]
Court had enjoined speech of arrested Alabama blogger
The curious case of political blogger (Legal Schnauzer) and multiple litigant Roger Shuler [Ken at Popehat; Brian Doherty, Reason] And: Update on Kimberlin lawsuits against critics includes new action filed against 21 conservative media figures and entities [Popehat]
“Mr. Abbas has used the threat of defamation litigation to counter bad press”
“A federal judge has thrown out a libel lawsuit a son of Palestinian Authority President Mahmoud Abbas filed last year against Foreign Policy magazine, charging that a commentary the journal published leveled unfounded allegations of corruption. … The piece was written by Jonathan Schanzer of the Foundation for the Defense of Democracies.” [Josh Gerstein/Politico, McClatchy]
Libel and defamation roundup
- Golden Age of libel tourism in UK coming to an end? [Media Law Prof]
- Tactical use of defamation suits not just a US/UK concern [Bangkok Post, Thailand]
- “So you’ve been threatened with a defamation suit” [Ken at Popehat]
- Federal judge tosses casino magnate Sheldon Adelson’s libel suit against National Jewish Democratic Council [JTA, Las Vegas Review-Journal; earlier on Adelson]
- “‘Federal Verification Company’ Seeks to Shut Down Online Criticism” [Paul Alan Levy] Defending rights of anonymous reviewers in Virginia Yelp case [Public Citizen]
Lawyers can’t scrub hotel epithet
“A federal appeals court has tossed a $10 million defamation suit by a resort in Pigeon Forge, Tenn., that was ranked No. 1 on a 2011 ‘dirtiest hotels’ list by TripAdvisor.” The Sixth Circuit “said the list is opinion protected by the First Amendment.” [ABA Journal, Digital Media Law]
Free speech roundup
- “It’s Not Illegal to Sell Anti-NSA Shirts Bearing the NSA Logo”
[Volokh] - Can an American national be sued in American courts for working to persuade a foreign government to pass an oppressive law? [BTB on Scott Lively Uganda case]
- “Court Rejects Religious Discrimination Claim Based on Associated Press’s Rejection of Plaintiff’s Religiously Themed Article” [Volokh]
- Workings of British hate speech law: police visit clergyman who emailed pair of unwelcome religious tracts [Spectator]
- “HIV Denialist’s Trademark and Defamation Claims Against Critical Blogger” [Paul Alan Levy]
- Revisiting the practice of suing publishers of drug information in pharmaceutical liability cases [Beck]
- “Australia’s Press Regulators Look To Enforce Ideological Conformity” [Tuccille, Reason]
Free speech roundup
- “Bryon Farmer of the Blackfeet Tribe Jailed For Talking About Corruption In Tribal Government” [Ken at Popehat] “Popehat Signal: Vengeful AIDS Denialist Sues Critic In Texas” [same]
- Persons with federal government contracts can’t give to federal candidates or parties. Too broad? [Ilya Shapiro and Trevor Burrus, Cato]
- “Together at last! ‘Some US conservatives laud Russia’s anti-gay bill.'” [@jon_rauch on Associated Press re: “propaganda” measure]
- More on Second Circuit decision ruling scientific conclusions akin to protected opinion for defamation purposes [Digital Media Law Project, earlier]
- San Antonio bars appointment to its city boards and commissions of anyone who has ever said anything demonstrating bias “against any person, group or organization on the basis of race” or various other protected categories [Eugene Volokh]
- Cincinnati Bengals cheerleader wins defamation suit holding gossip site operator liable for user comments [Sporting News] Michigan: “Ionia newspaper editor files defamation suit against critics” [MLive, Popehat with a critical view, update at Popehat following dismissal]
- “Hate speech” at issue: “Twitter releases users’ identities to French authorities after tough legal battles.” [JOLT]
Free speech roundup
- Paleo-diet blogger wins a round in battle with North Carolina occupational licensing [IJ via Alkon, earlier here, here, etc.]
- If you live in Connecticut or Montana, you have a U.S. Senator who’d go this far to trample rights [Volokh on Tester-Murphy constitutional amendment, earlier] Related: “In Attack On Commercial Speech, Law Professor Sadly Supports Selective Rights” [Richard Samp, WLF, on Columbia’s Tim Wu]
- Lawyers sue publishers of medical literature for failing to warn about drug side effects [ABA Journal, Drug and Device Law]
- “Anti-Bullying Bill Could Jail People Who Criticize Politicians” [Ted Balaker, Reason]
- Regarding the L.A. Times: “So people are really suggesting a city council interfere to make sure a newspaper’s owners have the proper political views. Flabbergasting.” [@radleybalko]
- “Judge: Rocker must pay Herald $132G in court costs for dismissed defamation suit” [Boston Herald] Second Circuit recognizes scientific-discussion defense to defamation claims [Science World Report]
- “Does Freedom of Speech Conflict with Freedom of Religion?” [Jacob Mchangama video] “Turkish Blogger Sentenced to 13 Months in Prison for Criticizing Mohammed” [Volokh] So much repression: State Dept. International Religious Freedom Report for 2012 [executive summary]
Free speech roundup
- Alarm over administration seizure of personal emails of Fox News chief Washington correspondent James Rosen, described as “co-conspirator” for reporting classified material [WaPo, Yahoo, ABC News, Josh Gerstein/Politico, Julian Sanchez, Glenn Greenwald] Contra: Eugene Volokh, Charles Fried.
- “VP Joe Biden Believes There’s ‘No Legal Reason’ The Government Can’t Slap A Sin Tax On ‘Violent Media'” [Tim Cushing, TechDirt]
- “Vagueness in a defamation threat is the hallmark of meritless thuggery” [Popehat] India-based science publisher threatens Scholarly Open Access blogger that criticized its practices with $1 billion suit, three years in jail [Chronicle of Higher Education] Mockery is not libel: court tosses inmate’s suit against Tennessee governor [Volokh]
- Background of famous First Amendment case New York Times v. Sullivan: officials in South had exploited plaintiff-friendly jurisdictional rules [Wasserman]
- “6 Years + 300 Lashes in Saudi Arabia for Helping Woman Convert to Christianity” [Eugene Volokh]
- “A blueprint for speech codes?” [Alison Somin on feds’ Montana letter, Fed Soc EBR; Christian Science Monitor; earlier here, here, etc.]
- Rethinking SLAPP laws? [Recorder, Alex Kozinski opinion; ABA Journal]
- Tennessee governor vetoes “ag-gag” law on farm photography as First Amendment infringement [Linnekin; related, Pittsburgh Tribune-Review (Pa.)]