Archive for the ‘Libel Chill’ Category

I Think This Guy Just LIBEL SLANDERED Me (UPDATED)

June 18, 2013

Comments ‹ THE TRIAL WARRIOR BLOG — WordPress

UPDATE:

I would be remiss if I failed to mention that J. Kirby Inwood sent me this email back on April 4th, 2013, even though he doesn’t like me very much:

CanLaw1

CanLaw2

 

Related Posts:

CanLaw Lawyer Directory: Some People Never Learn (trialwarrior.com)

A Few Modest Proposals to the LSUC on Lawyer Directories (trialwarrior.com)

LSUC Issues Warning Concerning Lawyer Referral Service (trialwarrior.com)

McAlpine v. Bercow and a New Era of ‘Twitter Chill’

May 24, 2013

The decision of Mr Justice Tugendhat in McAlpine v Bercow [2013] EWHC 1342 (QB) (24 May 2013) [“McAlpine”]  is a stern admonition to Twitter users about the perils of practising comedy without a license.

Seriously, in my view, the UK court’s  judgment will have a chilling effect on free speech on Twitter and will likely devolve into an era of social media self-censorship for Twitter users, particularly in the UK. A form of libel chill, or, perhaps “Twitter Chill”.

It also highlights the legal chasm that exists between the American and UK judicial approaches to balancing freedom of expression and protecting reputation. The decision also raises the spectre of a “popularity metric” to determine whether the alleged maker or republisher of the defamatory tweet has gazillions of followers or is just some shlub with 4 followers, three of which are porn bots. (more…)

Laura E. Little, “Internet Defamation, Freedom of Expression, and the Lessons of Private International Law for the United States”

December 19, 2012

Laura E. Little (Temple University – James E. Beasley School of Law) has published “Internet Defamation, Freedom of Expression, and the Lessons of Private International Law for the United States”, European Yearbook of Private International Law, Vol. 14, 2012. The abstract reads:

This article reviews current developments in U.S. conflict of laws doctrine pertaining to transnational internet defamation cases, including personal jurisdiction, choice of law, and recognition of judgments. To resolve personal jurisdiction and choice of law issues in internet defamation cases, U.S. courts have adapted rules from the non-internet context with relative ease. Reported cases tend to concern domestic internet disputes between U.S. entities, with few plaintiffs attracted to U.S. courts for the purpose of litigating cross-border defamation claims. Although the U.S. serves as a magnet jurisdiction for many types of litigation, two liability-defeating laws render the country inhospitable to defamation claims: (1) the U.S. Constitution’s First Amendment speech protections and (2) a statute affording immunity to internet “providers or users” for information “provided by another content provider.” Perhaps because of these provisions litigants are largely inspired to go elsewhere. The resulting libel tourism has prompted important U.S. developments pertaining to enforcement and recognition of foreign defamation judgments. Thus, for conflict of laws matters pertaining to internet defamation, it is judgments law that reflects the greatest activity and most profound change.

After reviewing personal jurisdiction and choice of law trends, this article describes legal developments pertaining to internet defamation judgments. The article critiques lawmakers’ adherence to First Amendment exceptionalism in regulating internet defamation judgments and identifies flaws reflected in state libel tourism statutes and the federal libel tourism statute, the SPEECH act of 2010.

Download the article via SSRN here.

From the Censorious Criminal Libel Files (Canada Edition)

December 11, 2012

 

 

BCCLA demands watchdog investigate RCMP actions against critic | BC Civil Liberties Association.:

 

New information in unsealed court documents has the BCCLA demanding an investigation into the RCMP for seizing the computers of a man who says he was helping unhappy RCMP members post their concerns online. On August 18, 2012, Grant Wakefield’s computers and cell phone were seized in a joint RCMP Major Crime and New Westminster Police Department operation.

The RCMP has confirmed that Wakefield was the informant whose information and photographs started high profile code of conduct and criminal investigations into Port Coquitlam RCMP officer Jim Brown’s activities. Simultaneously, Wakefield was also anonymously assisting disgruntled members of the RCMP to run a blog called the “Re-Sergence Alliance” blog, a blog that posted alleged RCMP front line member concerns about RCMP management and policy online.

 

The BCCLA adds:

 

“We’re asked to believe the RCMP used the resources of their major crime section, computer forensics team, the Federal Department of Justice, and a search warrant, to investigate what amounts to conspiracy theories posted in the comment section of an erotic blog and a Twitter account with thirteen followers,” said Eby. “Defamatory comments are made every day on the internet, and the RCMP doesn’t send their major crime team to investigate. What makes this case unique is that the man who had his computers taken away by the police was using those computers to help unhappy RCMP members publish their concerns online.”

The BCCLA is demanding the Commission for Public Complaints investigate the entire RCMP operation against Grant Wakefield, and has written to them to file a complaint.

Click here to read the unsealed court documents >>

Click here to read the BCCLA’s letter to the Commission for Public Complaints >>

 

The decision of P. D. Gulbransen, J. partially unsealing the RCMP search warrant is reported at B.C. Civil Liberties Association v. Regina, 2012 BCPC 406 (CanLII).

 

Criminalization of defamation is a pernicious form of libel chill and is anathema to a free and democratic society.  It is high time for the archaic and illiberal criminal offence of defamatory libel to be relegated to the dustbin of legal history.

 

Lord McAlpine and Twitter Libel: Does failing to sue when a libel is first published raise a defence of waiver, estoppel or acquiescence?

November 20, 2012

The recent media scandal involving British peer, Lord McAlpine (pictured above) who threatened to sue the BBC, ITV and thousands of Twitter users over false accusations of pedophilia is discussed over at Inforrm’s Blog: (more…)


Follow

Get every new post delivered to your Inbox.

Join 2,067 other followers

%d bloggers like this: