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  31/01/2025

  England and Wales

  High Court confirms Trade Unions are capable of bringing claims in defamation

  Prospect v Evans [2024] EWHC 1533 (KB)The High Court has confirmed that a trade union does have the right to sue another party in defamation in its own name, in the decision of Mrs Justice Steyn DBE in Prospect v Evans [2024] EWHC 1533 (KB) (the “Judgment”).BackgroundThe proceedings arose out of a dispute between Prospect, a trade union, and one of its former members, Mr Evans. Mr Evans had published various allegations in respect of the trade union on social media, which Prospect believed to be defamatory. Prospect subsequently commenced proceedings in defamation and malicious...

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  30/01/2025

  Europe

  Interplay of AI and copyright law: how do the options proposed in the UK’s recent consultation compare with the EU’s general TDM exception?

  IntroductionAs AI continues to evolve, the intersection of AI and copyright law remains a hot topic for content creators and technology platforms alike. One of the key areas of focus is the EU’s general text and data mining (“TDM”) exception (contained in the EU Digital Single Market (“DSM”) Directive)[1], intended to provide a safe harbour for AI developers, while providing content creators with a right to opt out from their works being used to train AI. The EU AI Act[2] contains copyright-related provisions referring to this general TDM exception, but there remains...

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  24/01/2025

  APAC Region

  New mandatory licensing requirements for application service providers in Malaysia

  From 1 January 2025, companies providing internet messaging services and/or social media services (“Applications Service Providers”), and which have 8 million or more users in Malaysia, must obtain an Applications Service Provider class licence (“ASP(C) Licence”) to comply with their regulatory requirements under the Communications and Multimedia Act 1998 (Act 588) (“CMA”). The new requirements aim to regulate online services to protect the safety of users, especially in relation to online harms of violence, child exploitation, scams, gambling, bullying and harassment.A....

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  23/01/2025

  United Kingdom

  Greentube Alderney Limited reaches regulatory settlement with the Gambling Commission

  On 9 January 2025, the Gambling Commission (the “Commission”) announced that it had reached a regulatory settlement with Greentube Alderney Limited (trading as Admiral Casino) (“Greentube”). As part of the settlement Greentube paid £1m in lieu of a financial penalty.Following a compliance assessment of the remote operating licence of Greentube, the Commission commenced a regulatory review under s.116 of the Gambling Act 2005. The licence review found Greentube in breach of the Licence Conditions and Codes of Practice (“LCCP”) between September 2022 and...

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  23/01/2025

  United Kingdom

  Supreme Court clarifies test for damages in malicious falsehood claims

  IntroductionIn George v Cannell [2024] UKSC 19, the UK Supreme Court clarified the test for malicious falsehood under section 3(1) of the Defamation Act 1952. Principally, the court determined that if a claimant was able to satisfy the requirements of that section, this would create an irrebuttable presumption that they had suffered some (but not necessarily substantial) financial loss, and would be entitled to an award of nominal damages. However, it remained open to the claimant to adduce evidence that they had in fact suffered substantial financial loss as a result of the malicious falsehood,...

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  15/01/2025

  Chine

  2025 – Topics that may Concern You

  Companies doing business in China constantly have to deal with changes in regulations and new laws. This will also continue in 2025.Topics such as the new PRC Company Law, new PRC Tariff Law, PRC Regulations on Export Control of Dual-Use Items, network data security management, data transfer, opening up capital markets to foreign investment, and raise of statutory retirement age of employees etc. will continue to be a concern for many companies in China in 2025.Complying with regulatory requirements is one of the key challenges for foreign companies and investors in China, not only in terms of...

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