Pihl v Sweden: the ECtHR’s Unhelpful Preoccupation with Hate Speech
On 9 March 2017, the Third Section of the European Court of Human Rights (ECtHR) declared inadmissible a complaint by the applicant, Mr Pihl, that his right to respect for his private life had been violated. He had complained to the ...
PJS v News Group Newspapers: Threesomes! Privacy! Social Media!
On 19 May 2016, the UK Supreme Court handed down judgment in PJS v News Group Newspapers Limited. This decision concerned the proposed publication of details concerning the extramarital activities of PJS, an individual in the ...
Papa Don’t Preach (You May be Found Guilty of Hate Speech)
Rare is the day when the lowly District Judge sitting in the Magistrates’ Court gets the distinction of having one of his judgments reported. Kudos then to District Judge McNally for his thought-provoking decision on hate speech in ...
A New Regime for Data Protection in Europe
Almost four years after its initial proposal in January 2012, the finalised text of the General Data Protection Regulation (the Regulation) was agreed in December 2015. It is anticipated to enter into force in January 2018, bringing ...
Journalism, Detention and Anti-Terrorism Powers
Few would dispute that journalistic sources and material deserve special legal protection in a liberal democracy. But few would suggest that this protection should confer a licence to damage national security. Where should the balance ...
The Right to be Forgotten: Grappling with Practicalities (Part 2)
In the last post we charted the development of the regulatory environment following the advent of the so-called ‘right to be forgotten’ (RTBF) following the landmark Costeja judgment. In this post we consider some of the practical ...
The Right to be Forgotten: European Reactions (Part 1)
On 13 May 2014, the Court of Justice of the European Union (CJEU) handed down judgment in Google Spain SL and Google Inc. v AEPD and Costeja (Costeja). This case established the so-called “right to be forgotten” (RTBF) whereby a data ...
