Internet issues
« Previous EntriesThe Devil’s in the detail
Wednesday, April 28th, 2010How often do you check those website boxes that say “I’ve read the terms and conditions below and agree to them”?
Now, how often do you actually read the terms and conditions? Me neither.
Had we signed up to Gamestation on April Fool’s day, we would have been agreeing to this:
By placing an order via this web […]
What can Crown lawyers say to the media?
Wednesday, February 10th, 2010The Crown Law Office has put out a very sensible, but rather general, protocol containing guidance for prosecutors when dealing with media inquiries.
It doesn’t mention civil proceedings, but it does apply to the Crown Law Office itself, and the general principles at the beginning seem broad enough to cover civil cases too.
It makes no […]
Twittering in the courtroom
Saturday, December 12th, 2009It’s been allowed in the US and Australia, with an Australian judge saying:
I believe that the public has a legitimate right to be fully informed of proceedings, particularly proceedings such as (the iiNet case), which have attracted considerable public interest. Twittering can serve to inform the public in a more speedy and comprehensive manner than […]
Are you really anonymous online?
Monday, November 23rd, 2009According to the Pew Internet and American Life Project, 55% of bloggers blog under a pseudonym. Obviously plenty of others use pseudonyms when posting comments about the place.
Some of the posts by bloggers and commenters breach laws such as defamation, privacy, breach of confidence, harrassment and copyright. In most cases, the relevant ISPs have access to […]
Privacy and reputation
Wednesday, November 11th, 2009Two interesting developments in the tug-of-war between privacy and defamation.
The first comes in a UK injunction case. Justice Tugendhat granted an injunction to a celebrity of some sort (or at least, someone with “some public reputation”) restraining the publication of information about his encounters at his home with a prostitute some ten years ago. (It […]
Libel games
Tuesday, November 10th, 2009London is known as the libel capital of the world. But I was chatting to Melbourne Law School professor Andrew Kenyon last week, and he said that there is a country whose defamation laws are even more plaintiff-friendly than England’s: Australia.
US-based internet game company Ebony [ooops, it’s Evony, as Russell points out in the comments […]
Carter-Rucked
Monday, October 19th, 2009Heavy-hitting UK libel law firm Carter-Ruck has been getting some bad press lately. The Guardian reported that Carter-Ruck (famously referred to as “Carter-Fuck” by its nemesis Private Eye) had gagged it from reporting Parliamentary proceedings. What’s more, the gagged material related to a report concerning a toxic waste spill by giant oil company Trafigura. And […]
Clayton’s defence
Friday, July 31st, 2009Provocation. The defence you use when you’re not really putting on a defence.
The end of the Weatherston trial is a relief to Sophie Elliott’s family, the nation… and (for much less serious reasons) to me personally. Over the past few weeks I’ve received a string of calls from reporters wanting me to comment on the […]
Nothing but net?
Monday, July 13th, 2009The NZ government and NZ ISPs are quietly working on a form of internet filtering that starts to look a bit like censorship. Read these fascinating analyses.
Blogger busted
Sunday, July 12th, 2009A British detective blogging about police issues under the pseudonym “NightJack” has failed in his attempt to stop the Times from revealing his identity.
The ruling suggests that anonymous bloggers don’t have a reasonable expectation that their identities will be kept private. Well, those who are breaching police regulations in writing their blog, anyway. But much […]


