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Anti-Bullying Week: Understanding the Legal and Cultural Risks
Emmanuelle Ries
Two recent cases, with contrasting results, have attracted press attention on the subject of Privacy and ‘Harassment by Publication’.
With the increasing demand for live reporting of high-profile cases, and the proliferation in the use of Twitter, the Lord Chief Justice, Lord Judge, has issued new Court guidelines clarifying the use of live text-based communications such as mobile email, social media (including Twitter) and internet enabled laptops in and from Courts in England and Wales:
Recently, there has been an interesting ruling by the European Court of Justice (ECJ) on two joined cases, both relating to alleged multi-jurisdictional defamation by means of material published on the internet. The inherent conflict of the globality of the internet and the territorially limited jurisdiction of national courts was the key issue.
In September 2011, Rick Kordowski, promoter of the website www.solicitorsfromhell.com, issued a claim against Desmond Hudson, Chief Executive of the Law Society, in respect of an alleged comment he made to Professor John Flood that “Rick Kordowski was a criminal”. The comment was subsequently published by Professor Flood on his blog.
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