Companion website for

COMPARATIVE MEDIA LAW & ETHICS

by TIM CROOK

Published by Routledge on 15th December 2009

For details of the book, please visit Routledge.

Author's profile at Goldsmiths, University of London

 

Media Law Stories February / March / April 2010

NB. From June 2010 the Times and Sunday Times archived articles will be accessible on a subscription basis. This will mean that existing links may be interrupted. Consequently no further links to articles in these newspapers will be provided.

Chapter 1. Primary Media Law of the UK and USA

Judge quashes subpoena to unmask anonymous commenters. New York · February 10, 2010 · Newsgathering.

D.C. Circuit temporarily prevents release of Blackwater papers. Washington, D.C. · February 2, 2010 · Secret courts.

Ohio judge postpones trial pending high court decision. Ohio · February 1, 2010 · Secret courts.

Should curious jurors force a change in the Contempt of Court Act? Frances Gibb. From The Times February 18, 2010.

Ground-breaking research finds juries are fair and effective. Ministry of Justice. 17 February 2010. Juries in England and Wales have been found to be fair, effective and efficient by the most in-depth study into the issue ever undertaken in this country, published today.

Are Juries Fair- Direct link to page where you can download pdf file of the research report.

Do media reports influence juries? By Dominic Casciani BBC News. The most extensive and authoritative study to date of juries in England and Wales has concluded they are fair, efficient and effective. 17th February 2010.

Diversity and fairness in the jury system. Date: 13 June 2007. This report examines whether the juror summoning process discriminates against black and minority ethnic (BME) groups. Research report available.

The libel tourism myth. 6th Feb 2010. In the Fifth Dame Anne Ebsworth Memorial Lecture the Rt Hon The Lord Hoffmann examines the evidence. Are foreign litigants exploiting our libel system?

Criticism by Observer columnist Nick Cohen. Libel tourists will love the tales of Lord Hoffmann. If you want to see hypocrisy in action, look at England's libel courts. Nick Cohen The Observer, Sunday 7 February 2010.

UK House of Commons Select Committee Culture, Media & Sport enquiry into press standards, libel and privacy 2nd Report 9th February 2010.

Press Statement from UK House of Commons Select Committee on their enquiry into press standards, libel and privacy. 24th February 2010.

Speech on libel, privacy and freedom of the press by Mr Justice Eady given at the launch of the new ‘Centre for Law, Justice & Journalism’ at City University 10th March 2010.

UK Minister of Justice announces plan to reform England & Wales libel law 23rd March 2010. Reform of libel laws will protect freedom of expression. Reforms of the law on libel will be taken forward in the next Parliament, Justice Secretary Jack Straw announced today.

Report of UK Ministry of Justice libel reform working party 23rd March.

US Supreme Court halts plan to broadcast Prop. 8 trial. Justices avoid larger question of cameras in courtrooms. Article by Curry Andrews in The News Media & The Law Winter 2010 (Vol. 34, No. 1), Page 7. Secret Courts.

Chapter 2. Media jurisprudence, media ethicology and media ethicism

Chapter 3. Defamation law

Mass. high court applies fair report privilege to anonymous sources. Massachusetts · January 20, 2010 · Libel.

Libel law: who's shooting for reform? As the John Terry case highlights the chilling effect of British libel law, Afua Hirsch gathers an expert panel to debate legal reform. Afua Hirsch The Guardian, Monday 15 February 2010.

Lie detector libel man says UK law is global threat. Press Gazette 12 March 2010, By PA Media Lawyer. English libel laws are threatening freedom of speech around the world, according to a Swedish scientist who was sued after he criticised lie detector technology.

Simon Singh wins fair comment libel court battle. Science writer accused of libel when he doubted chiropractors' claims of success in treatment of some childhood conditions. Press Association. guardian.co.uk, Thursday 1 April 2010.

Full text of Court of Appeal, Civil Division ruling on application of defamation fair comment rule. The panel is highly influential in including the Lord Chief Justice, Master of the Rolls and appeal court judge Lord Justice Sedley.

Writer's victory over 'Orwellian' libel laws.Science journalist wins lengthy court battle against chiropractic association. By Ian Burrell, Media Editor, Independent, Friday, 2 April 2010.

Simon Singh libel case dropped. British Chiropractic Association ends legal action against science writer for comments in Guardian article. Sarah Boseley, health editor guardian.co.uk, Thursday 15 April 2010.

Writer wins £200,000 battle for free speech as libel case is dropped. By Daily Mail Reporter. 16th April 2010.

Article that was the subject of the litigation: Beware the spinal trap. Some practitioners claim it is a cure-all but research suggests chiropractic therapy can be lethal. Simon Singh The Guardian, Saturday 19 April 2008.

A pivotal moment for free speech in Britain. The British Chiropractic Association has ended its legal action against the science writer bringing into focus the campaign to change UK libel legislation. Simon Singh. Guardian blog, Thursday 15th April 2010.

Simon Singh victory doesn't mean libel laws work. The British Chiropractic Association's climbdown is to be celebrated. But it should also spur us into reforming libel laws. Padraig Reidy guardian.co.uk, Thursday 15 April 2010.

Libel laws: a lethal muzzle of medicine.The chiropractors' absurd pursuit of Simon Singh is over, but libel laws are still a real health hazard. Ben Goldacre guardian.co.uk, Thursday 15 April 2010.

How many libel cases are there? As science writer Simon Singh wins his libel case, we look at how the numbers of proceedings have changed. Simon Rogers. guardian.co.uk, Thursday 15 April 2010.

Libel fee cut lost in election rush. Jack Straw's measure to reduce payments to lawyers in 'no win no fee' libel cases hit by backbench rebellion and tight timetable. James Robinson guardian.co.uk, Wednesday 7 April 2010.

Chapter 4. Contempt/protective fair trial law

Pushing back on court closure. US Supreme Court (Presley v. Georgia, January 2010) clarifies the right to view jury selection in criminal case from the State of Georgia. Article by Mara Zimmerman in The News Media & The Law Winter 2010 (Vol. 34, No. 1), Page 11. Secret Courts.

Chapter 5. Privacy Law

Media groups urge high court to review publicity case. Washington, D.C. · December 31, 2009 · Privacy.

Supreme Court to decide whether to release petitioner names. Washington · January 19, 2010 · Privacy.

Avram Grant: Premier League boss's brothel visit. Avram Grant, the Premier League football manager, faces being questioned by vice squad officers after he was seen visiting a brothel which is the subject of a police investigation. By Gordon Rayner, Chief Reporter, Daily Telegraph. Published: 7:25AM GMT 04 Feb 2010.

Managing Portsmouth 'drives Avram to massages', says wife. The wife of Avram Grant, the Portsmouth FC manager, laid the blame for his visit to a brothel at the hands of his "crappy" football club yesterday as she gave a spirited defence of her husband. By Gordon Rayner, Chief Reporter, Daily Telegraph. Published: 8:20AM GMT 05 Feb 2010.

MPs reprimand police over newspaper phone hacking. Met police assistant commissioner, John Yates, failed to reveal scale of News International hacking, says Patrick Wintour, political editor guardian.co.uk, Wednesday 10 February 2010 19.56 GMT.

News of the World loses battle over secret phone hacking evidence. Judge orders paper to hand over documents to Max Clifford, who claims his phone messages were intercepted by reporters. Rob Evans guardian.co.uk, Wednesday 3 February 2010 23.24 GMT.

News of the World pair hacked into 100 mobile accountsPhone companies contradict official version that voicemails of 'only handful of victims' hacked by reporter and investigator. Rebekah Brooks will not give evidence to MPs. Nick Davies guardian.co.uk, Monday 1 February 2010 19.52 GMT.

News of the World may offer Max Clifford cash to settle illegal phone hacking case. Out of court settlement would prevent important new material on extent of interceptions from reaching public domain. Nick Davies and Rob Evans guardian.co.uk, Monday 15 February 2010 22.00 GMT.

John Terry, the accidental poster boy for press freedom. The legal manager of Times Newspapers hails the ruling that leaves liars and cheats exposed. Alastair Brett. Sunday Times February 7th 2010.

Private lives should never belong to the public. Politicians have to pander to the relentless appetite for disclosure. But knowing too much can lead to bad mistakes. David Aaronovitch. The Times February 16, 2010.

Mosley Europe win could end 'publish and be damned'. 16 February 2010 By Dominic Ponsford, PA Media Lawyer.

Anger mounts as Straw refuses to reveal why Bulger killer Jon Venables is back behind bars. Daily Mail. 3rd March 2010. By Stephen Wright and James Slack.

Minister of Justice Jack Straw announcement on recall of James Bulger killer Jon Venables 3rd March 2010-03-30.

James Bulger killer Jon Venables confessed real identity to strangers as mental state crumbled. Prison staff fear an attack by other inmates as it is revealed that pressure of keeping his name and background secret led James Bulger's murderer to fights, and drink and drug abuse. Jamie Doward The Observer, Sunday 7 March 2010.

Jon Venables sent back to prison over child porn offence. Justine Penrose, Sunday Mirror 7 Mar 2010 James Bulger's killer Jon Venables was sent back to jail on suspicion of child porn offences, the Sunday Mirror can reveal.

Legal threat doesn't stop Sunday Mirror Venables story. Press Gazette. 8 March 2010. By Dominic Ponsford. The Attorney General’s office said this morning that no action is currently being taken against newspapers for breaching secrecy orders related to child-killer Jon Venables.

Jon Venables and the myth of public hysteria. It was not ‘the mob’ that turned James Bulger’s killer into a symbol of evil and moral decay – it was the decadent political elite and media. Brendan O’Neill, Spiked. 9th March 2010.

Teen faces jail for accusing innocent man of killing James Bulger. By Liz Hull. Daily Mail 9th April 2010.

NoW in '£1m' legal settlement with Max Clifford. Press Gazette, 10 March 2010. By Dominic Ponsford. The News of the World has settled its privacy action with publicist Max Clifford in a deal worth more than £1m, The Guardian today reports.

Clifford thrashed out privacy deal with Brooks. Press Gazette, 10 March 2010. By Dominic Ponsford. Press Gazette understands that publicist Max Clifford thrashed out a deal with News International chief executive Rebekah Brooks to settle a privacy action which could have brought further revelations about News of the World phone bugging.

US Supreme Court declines to hear right-of-publicity case. Lawsuit filed against Hustler by deceased model’s mother can go forward. Potential development of US posthumous privacy rights against the media. Article by Cristina Abello in The News Media & The Law Winter 2010 (Vol. 34, No. 1), Page 20. Libel & Privacy.

Chapter 6. Media regulation

Constitutionality of indecency regulation questioned. 2nd Cir. · January 15, 2010 · Broadcasting.

PCC rejects complaint over Jan Moir column about Stephen Gately's death. Commission rules that censuring 'uncomfortable' remarks would represent 'a slide towards censorship'. James Robinson guardian.co.uk, Wednesday 17 February 2010 22.16 GMT.

Press Complaints Commission Adjudication. Complainant Name: Adjudication - Mr Andrew Cowles v Daily Mail
Clauses Noted: 1, 5, 12. Publication: Daily Mail.

Rod Liddle censured by the UK PCC (Press Complaints Commission). The Spectator columnist had claimed in a blog that the 'overwhelming majority' of violent crime in London was carried out by young African-Caribbean men. John Plunkett guardian.co.uk, Monday 29 March 2010.

First critical adjudication by PCC of a newspaper/magazine blog. Press Complaints Commission Adjudication in Mr Oli Bird v Spectator (and Rod Liddle) 29th March 2010.

Chapter 7. State and national security law

A stain on this nation's name. By John Kampfner. Daily Mail 12th February 2010.

Letters. Torture claims and tangled tenses. The Guardian, Monday 15 February 2010.

How MI5 kept watchdog in the dark over detainees' claims of torture. Intelligence committee misled by MI5 evidence. Demands for reform after appeal court revelations. David Leigh and Richard Norton-Taylor guardian.co.uk, Monday 15 February 2010 09.06 GMT.

Sumption, The Ship Money Case and Supreme Court. Frances Gibb, The Times, February 11th 2010.

Legal gloves come off in row over 'torture'. Claims that MI5 misled MPs is 'a calumny and a slur', says chairman of intelligence committee. By Robert Verkaik and Kim Sengupta. Saturday, 13 February 2010.

Our courts must stand up to the bullies. Judges abroad have dealt with torture allegations far more robustly than we have in Britain. David Davis. From The Times February 16, 2010.

Media asks court to reinstate criticism of MI5 in Binyam Mohamed case. Frances Gibb, Legal Editor. From The Times February 16, 2010.

Untwisting facts on MI5. Sensationalism around Binyam Mohamed's case sullies spies – and their parliamentary scrutiny. Michael Mates guardian.co.uk, Thursday 18 February 2010 21.00 GMT.

The truth about the Mossad. The recent, outlandish assassination in Dubai may prove the most damaging yet in the Mossad's history of high-profile, bungled operations. How did it squander its reputation for ruthless brilliance?
Ian Black The Guardian, Friday 19 February 2010.

Torture ruling passages critical of MI5 are restored. Passages removed from appeal court's judgment on role of MI5 in Binyam Mohamed's torture are reinstated. Robert Booth and Afua Hirsch guardian.co.uk, Friday 26 February 2010.

Human rights groups call for reform of government's security committee. Calls come after appeal court judges conclude security services were able to get away with 'a dubious record' on torture. Robert Booth and Ian Cobain guardian.co.uk, Friday 26 February 2010.

Binyam Mohamed: A victory for open justice and the rule of law. Case goes to a new level with the court defying government pressure to water down criticism of security services. Afua Hirsch Legal affairs correspondent guardian.co.uk, Friday 26 February 2010.

Appeal Court Civil Division restores critical passages of MI5 role in CIA torture/rendering case and explains why. Court ruling 26th February 2010.

Government attempts to keep torture case secret. Holding case taken by former Guantánamo detainees behind closed doors would set 'very dangerous precedent', says lawyer. Afua Hirsch, legal affairs correspondent The Guardian, Monday 8 March 2010.

Israeli leak suspect held in secret house arrest: Gagging order in case of woman accused of leaking military information to press. By Donald Macintyre in Jerusalem, Independent Tuesday, 30 March 2010.

Tracking the civilian trials of ‘terrorists’ in the US legal system. The News Media & The Law, Winter 2010, (Vol. 34, No. 1) p. 4.

Summary of US civilian trials of terrorists since 9/11. (Sidebar to article above)

Journalist on the run from Israel is hiding in Britain. 'Haaretz' writer fled to London fearing charges over exposé on Palestinian's killing. By Kim Sengupta, Diplomatic Correspondent, Independent. Friday, 2 April 2010.

Israeli journalist Anat Kam under secret house arrest since December. Woman faces treason trial after allegedly leaking documents that suggest military breached court order on West Bank assassinations. Staff reporter
guardian.co.uk, Friday 2 April 2010.

Israel lifts gagging order in Anat Kam spy case. Agent accused of copying more than 2,000 classified military documents and passing 700 top secret files to journalist. Rory McCarthy in Jerusalem guardian.co.uk, Thursday 8 April 2010.

The real moral of the Anat Kam story. Heavyhanded press restrictions by Israel's Shin Bet have obscured the real scandal of the IDF whistleblower's case.
Daniella Peled guardian.co.uk, Thursday 8 April 2010.

 

Chapter 8. Media law and ethics: four genres of jurisdiction

Google v China: the tech giant learns how to talk to power. Google knows how to get the US government onside to resolve its problem. John Naughton The Observer, Sunday 28 March 2010.

Jeff Jarvis: Google is defending citizens of the net. Someone has to act as ambassador for the internet – and so far, there's one major company stepping up. The Guardian, Monday 29 March 2010.

Standard searches on Google Hong Kong site blocked, China web users say. Standard searches from page result in internet connection being reset so no results are displayed.Tania Branigan in Beijing guardian.co.uk, Tuesday 30 March 2010.

China and Google: News stories on conflict over censorship of search engine in the Guardian.

Chapter 9. The legal problematizing of journalism

Kansas high court allows reporter subpoena to stand. Kansas · February 3, 2010 · Reporter's privilege.

Court reaffirms reporter's Fifth Amendment right. Michigan · February 9, 2010 · Reporter's privilege.

State high court suspends prior restraint on news coverage. Ohio · January 29, 2010 · Prior restraints.

US Student journalists subpoenaed in death penalty case. Medill Innocence Project students seek protection under shield law. Article by Cristina Abello in The News Media & The Law Winter 2010 (Vol. 34, No. 1), Page 22. Confidentiality/Privilege.


Chapter 10. Human rights and international law for journalists

Iceland plans future as global haven for freedom of speech. Opposition MPs propose strong press protection laws. Wikileaks advising on creation of safe port for journalism. Mark Tran guardian.co.uk, Friday 12 February 2010 15.09 GMT.

WikiLeaks editor: why I'm excited about Iceland's plans for journalismIceland's 'Modern Media Initiative' could turn it into something new in the world – a journalism haven.

5th April 2010 10:44 EST WikiLeaks has released a classified US military video depicting the indiscriminate slaying of over a dozen people in the Iraqi suburb of New Baghdad -- including two Reuters news staff.

Wikileaks reveals video showing US air crew shooting down Iraqi civilians. Footage of July 2007 attack made public as Pentagon identifies website as threat to national security. Chris McGreal in Washington guardian.co.uk, Monday 5 April 2010.

Grim truths of Wikileaks Iraq video. Collateral Murder forces us to confront the deplorable unreality of US aggression and the grim fate of those caught in its scope. Douglas Haddow guardian.co.uk, Wednesday 7 April 2010.

Wikileaks: reaction to the Collateral Murder video. The Wikileaks investigative website opens a can of controversy with its shocking video expose of a 2007 US attack in Iraq. Richard Adams in Guardian 8th April 2010.

Chapter 11. Racial and religious hatred

 

Chapter 12. Copyright and intellectual property law

Reclusive author of ‘Catcher In The Rye’ J.D.Salinger dies. Report and obituary in New York Times 28th January 2010.

Digital economy bill rushed through wash-up in late night session. Government drops clause on orphan works but inserts amendment criticised as over-broad which could block sites based on 'intent'.Charles Arthur guardian.co.uk, Thursday 8 April 2010.

Internet provider defies digital bill. TalkTalk's refusal to cooperate with 'draconian' anti-piracy measures reflect growing resistance to the digital economy bill. Charles Arthur guardian.co.uk, Thursday 8 April 2010.

Chapter 13. Freedom of information legislation

Universities are crumbling, secret database reveals. Scores of halls of residences and lecture theatres have been judged 'unfit for purpose' according to a database obtained by the Guardian. Jessica Shepherd guardian.co.uk, Monday 15 February 2010 22.00 GMT.

The FOIA memo 2009. The Reporters Committee for Freedom of the Press.

Expenses probe journalists feature in BBC drama. 16 February 2010. By Dominic Ponsford. Journalists involved the historic exposure of MPs’ expenses excesses will be immortalised on film in a one-off drama for BBC Four.

The 2010 British Press Awards was dominated by MPs' expenses - with six awards for the Daily Telegraph and a special award for Freedom of Information campaigner Heather Brooke. 26th March 2010.

Assessing the FOI culture of President Barak Obama’s US administration. Obama’s transparency efforts achieve mixed results: the most transparent administration yet, still not transparent. Article by Amanda Becker in The News Media & The Law Winter 2010 (Vol. 34, No. 1), Page 12. Freedom of Information.

The UK Freedom of Information Act will be extended to cover four more public bodies and increase the public’s right to access information, Justice Minister Michael Wills announced 30th March 2010.

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