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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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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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