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15 March 2013 / Peter Thompson KC
Issue: 7552 / Categories: Features , Blogs , Media
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Stop press!

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Is there a route to justice for victims of internet libel, asks Peter Thompson QC

It is not just celebrities; and it is not just newspapers. Lord Justice Leveson stressed that ordinary members of the public are often the objects of unfair scrutiny and unwelcome publicity in the media and are not well placed to assert their rights in a court of law. He recommended an arbitration service to provide redress for those who have suffered unfairly. It might work, but it might not even be implemented. Is there some other route to justice?

There is, of course, a civil remedy for defamation; and a remedy for breach of privacy is developing fast. But both have been developed out of case law, which has led to the creation of sophisticated concepts like privileged occasions, publication in permanent form, and fair comment. There are many ways in which a case built on a blatantly defamatory statement can fail. With privacy the problems are of the opposite kind: the claimant needs exactly the right mix of legal rights, equitable remedies and continental jurisprudence to get

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Laytons ETL—Alec Cameron

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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