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  29/08/2024

  England and Wales

  What does it mean? Preliminary issue judgment in Paisley v Linehan defamation case

  On 1 August 2024 judgment was handed down in the preliminary issue trial of Paisley v Linehan [2024] EWHC 1976 (KB).  As is the norm in defamation cases the court has determined issues of meaning in advance of a full trial of this claim.The case provides an interesting example of the court’s approach to determining meaning.  It serves as an important reminder for those publishing blogs online that they may be responsible for comments made by other users in response to their posts, but that claimants need to ensure they are specific and proportionate in bringing any such claim.BackgroundThe...

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  29/08/2024

  United Kingdom

  First commencement regulations made under the Media Act issued by the Government

  On 15th August 2024, the Government issued “The Media Act 2024 (Commencement No. 1) Regulations 2024” (the “Regulations”), bringing into force certain provisions under the Media Act 2024 (the “Act”). Whilst the Act received Royal Assent in May prior to the General Election, the majority of its provisions were designed not to commence pending secondary legislation. The Regulations mark the first tranche of such secondary legislation to bring various provisions of the Act into force. These provisions became effective on 26th August.Most of the Act’s...

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  21/08/2024

  England and Wales

  Defamation update part two: High Court’s first consideration of s 6 Defamation Act 2013 (peer-reviewed statements in scientific or academic journals)

  In the first article of this two-part series, we looked at the court’s treatment of the public interest defence (s.4 of the Defamation Act 2013), on which the publishers of the Mail on Sunday (and its health editor) had relied, in a significant judgment handed down by the High Court on 25 June 2024. In this article, we explore the court’s treatment of the defence of privilege for a report of a peer-reviewed scientific article (s.6 of the Act) in the same judgment. In contrast to the public interest defence, this defence was upheld. This is significant, as it represents the first time...

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  21/08/2024

  England

  UK football and horseracing bodies implement new codes for responsible gambling sponsorships

  The Betting and Gaming Council (“BGC”), working with various sports bodies, has developed the "Codes of Conduct for Gambling-Related Agreements" framework, with each body creating a code tailored to its sport. Leading the way, key football and horseracing bodies in the UK introduced their codes of conduct last month. This new framework sets higher standards for safer gambling sponsorships, aiming to protect vulnerable individuals, uphold sporting integrity, and ensure gambling sponsorship revenues are reinvested into the sport.Football's New Code of ConductThe Premier League, the English...

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  20/08/2024

  England and Wales

  Defamation update part one: High Court considers application of public interest defence to articles on statins

  In a recent significant judgment, the High Court considered the extent of the public interest and statutory qualified privilege defences in defamation cases. The presiding judge, Nicklin J, commented that this was “the most significant piece of defamation litigation that [he had] seen in a very long time”. Given its significance, this article is the first of a two-part series focusing on the key issues in the case and focuses on the court’s treatment of the public interest defence. In our next article, we will focus on the court’s treatment of the statutory qualified privilege...

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  16/08/2024

  United Kingdom

  Establishing serious harm - Blake & Anor v Fox [2024]

  In Blake & Anor v Fox [2024] EWHC 146 (KB), the High Court provided further clarification on when the threshold test for establishing serious harm under s1(1) of the Defamation Act 2013 is met.Considering whether allegations of “paedophilia” and “racism” made on the social media platform X (formerly Twitter) met the serious harm test, Mrs Justice Collins Rice emphasised the importance of the factual circumstances, the extent of publication and the real-world reputational impact in determining whether an individual suffered serious harm as a result of the statement.BackgroundThe...

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