MediaLawLetter January 2022
Of the 100+ Zoom calls since our series began, perhaps the call that best combined entertainment and thoughtful and nuanced media law analysis came in early January: a panel of experts choosing the most interesting media law matters of 2021 and predicting the most significant developments likely to happen in 2022.
Delaware Court Upholds Dismissal of Libel Suit by Former Trump Campaign Adviser Against Yahoo News and HuffPostJeff Grossman
In upholding the manner in which Yahoo News reported on aspects of the government’s investigation related to what later came to be known as the “Steele Dossier,” the 4-1 decision represents an affirmation of the legal protections for reporting on government investigations.
A Virginia federal district court has rejected arguments to allow subsequent hyperlinks and third-party tweets to an article to restart the statute of limitations on a defamation claim.
Politico moved to dismiss on numerous grounds, including that Epoch had failed to meet the heightened pleading standard set out in the revised New York Anti-SLAPP statute. The court agreed,
In a case before a Nevada District Court, it was a big First Amendment win for the self-described big, beautiful women speaking out about abusive behavior.
The Eleventh Circuit's order reaffirms that a federal court need not pretend that an exhibit is something it is not, merely because a plaintiff alleges so in the complaint.
Delaware Court Latest to Point the Twitter Finger: Tweets Can Constitute Actionable Expressions of FactAmy E. Pearl, John C. Connell, and Peter L. Frattarelli
In green lighting compliance with the subpoenas, the court found that tweets could constitute actionable expressions of fact sufficient to support a claim for defamation.
The case presented the novel question: “Are claims of physical torts committed in the course of newsgathering covered by anti-SLAPP statutes?” This court answered “yes.”
Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy RingCaesar Kalinowski IV, Liz McNamara, and John Goldmark
The Ukrainian-based operation was able to operate for years by migrating websites and falsifying domain information to continue illegally distributing thousands of ebooks.
If the decision stands on appeal, it is likely to strengthen press freedom in Canada, providing useful precedent for media defendants under the relatively new and untested anti-SLAPP law.
The Supreme Court rejected the notion that every data subject affected by a non-trivial data breach is entitled to an award of compensation for the mere “loss of control” of their personal data.