The Online Safety Act 2023: nine new criminal offences come into force
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
1M ago
In an increasingly digital world, where our lives are intertwined with online platforms and social media networks, ensuring safety and security in the virtual realm has become paramount. Governments worldwide are continuously refining legislation to address the challenges posed by the digital landscape. One such significant step is the enactment of the Online Safety Act 2023, a comprehensive framework designed to protect users and combat harmful content online.  The Act is far-reaching in scope, targeting both individuals and intermediaries. On 31 January 2024, Part 10 of the Act came int ..read more
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Brett Wilson LLP partners listed in the 2024 edition of the Spear’s 500 as top/recommended reputation lawyers
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
1M ago
Brett Wilson LLP partners Iain Wilson and Max Campbell have been listed in the 2024 edition of the prestigious Spear’s 500 as ‘top recommended’ and ‘recommended’ reputation lawyers respectively.  The recommendations can be found here and here.   The post Brett Wilson LLP partners listed in the 2024 edition of the Spear’s 500 as top/recommended reputation lawyers appeared first on Brett Wilson LLP ..read more
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When can a libel be defended as honest opinion?
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
1M ago
The recent judgment in Dyson v MGN Limited [2023] EWHC 3092, in which the Defendant publisher succeeded in its defence of honest opinion, provides important authority on the interpretation of section 3(4)(a) of the Defamation Act 2013. This decision, as well as the Court of Appeal’s decision in Riley v Murray [2022] EWCA Civ 1146, provides an opportune moment to review the recent case law on section 3 and to assess how the courts have interpreted the three conditions at the core of the honest opinion defence. The defence of honest opinion (broadly analogous with the pre-2013 common law defence ..read more
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Is it safe to use AI for legal research?  Not yet
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
4M ago
The development and use of AI (artificial intelligence) has increased dramatically in the past year. Widely available AI apps can be used to ask complex questions and immediately receive ostensibly sophisticated answers. The use of AI has extended to the legal sector where chatbots can be used to search for cases relating to a particular topic/field of law to assist in legal research.  This development raises various questions, including, whether AI is a reliable source of legal knowledge. What is AI and how is it being used? AI programs analyse and seek to understand language so that the ..read more
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Court rules on meaning in Noel Clarke’s defamation claim against The Guardian
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
4M ago
As many readers will know, Noel Clarke, the actor perhaps best known for his roles in three films constituting The Hood Trilogy and the television series Bulletproof, has sued The Guardian newspaper for libel and breach of his data protection rights in respect of eight articles in which he was accused of various forms of sexual harassment. It is now commonplace in libel claims for the Court to determine the defamatory meaning(s) of the publication(s) complained of before the defendant files a defence.  Such an exercise can be useful where a defendant would like to run a truth defence and ..read more
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Press statement: Caroline Ley
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
5M ago
This press statement has been issued following the handing down of Mr Justice Julian Knowles’ judgment in Crosbie v Ley [2023] EWHC 2626 (KB)   Our client Caroline Ley is relieved by the outcome of these proceedings which fully vindicate her and highlight the harassment she has suffered at the hands of her former colleague and fellow counsellor Siobhain Crosbie. In 2016, Ms Ley was accused by Ms Crosbie of stealing business from her.  There was no truth to this allegation at all.  What had seemingly happened was that an online directory had inadvertently published inaccura ..read more
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Psychotherapist awarded £75,000 in libel and harassment damages after former colleague found to have pursued a targeted public vendetta and false passing off claim
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
5M ago
On 1 November 2023, the High Court handed down judgment in Crosbie v Ley [2023] EWHC 2626 (KB). The Defendant, Siobhain Crosbie, sued the Claimant, Caroline Ley, for passing off.  She sought damages of £1.4 million, plus interest. Ms Ley counterclaimed for libel, harassment, and breach of data protection rights. Mr Justice Julian Knowles dismissed Ms Crosbie’s passing off claim as being totally without merit, and found in Ms Ley’s favour on the counterclaim, awarding her damages of £75,000. Background The Claimant, Ms Crosbie, and the Defendant, Ms Ley, are both therapists. Ms Ley underto ..read more
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#MeToo six years on: how the courts are handling sexual misconduct defamation claims
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
5M ago
Whilst the origins of the MeToo movement date back to 2006, the movement exploded in 2017 with the help of a Twitter hashtag.  Victims of sexual misconduct across the world were encouraged to speak out.  In 2017 we considered the legal issues arising from making allegations of sexual misconduct online and asked whether it was a risky business.  In this article we look at two recent defamation claims that grappled with these issues, one which succeeded and one which failed.  We ask why they resulted in opposite outcomes and what, if any, precedent they set for bringing or de ..read more
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Where are we now with serious harm? Understanding section 1 of the Defamation Act 2013
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
5M ago
Defamation lawyers had hoped that the Supreme Court’s judgment in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27 (see our blog here) would provide some much-needed clarity on how section 1 of the Defamation Act 2013 should be interpreted.  Prior to Lachaux preliminary issue trials had become something of a bête noire for judges in the Media and Communications List who found themselves having to condemn the disproportionate expense of such trials as well as drawing to the parties’ attention the potential for wasteful duplication of evidence and cross-examination of witnesses if ..read more
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Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2024 directory
The Brett Wilson Media Law blog – Brett Wilson LLP Blog
by brettwilson
5M ago
Brett Wilson LLP’s media and communications law and criminal defence departments have again been recommended by the prestigious Chambers and Partners directory as leading departments in their field. In the firm’s media and communications law department, partners Iain Wilson, Max Campbell and Tom Double continue to be ranked as leading lawyers in Defamation/Reputation Management. Partner Nick Brett continues to be ranked as a leading lawyer for his work in Professional Discipline, Crime and POCA/Asset Forfeiture. Full details can be accessed here. The post Brett Wilson LLP and its lawyers recom ..read more
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