MLRC’s 2012 Annual Meeting
MLRC’s Annual Meeting was held on November 14, 2012 at the Grand Hyatt Hotel in New York. Board of Directors Election Susan Weiner (NBC Universal), Chair of the Board of Directors, called the meeting to order. The first order of business was the election of Directors. Four Directors were nominated to be reelected to two-year…
Federal Trade Commission Recommends Best Practices for Using Facial Recognition Technology
By Michael Schiffer In an effort to stay ahead of the technology curve, the Federal Trade Commission (the “FTC”) recently issued a staff report on advertisers” use of facial recognition technology (“FRT”). As the FTC explains, FRT can take a number of different forms, from merely recognizing that there is a face in a photo,…
Federal Court Denies Fox’s Motion for a Preliminary Injunction Enjoining Dish Network’s Commercial-Skipping DVR
The District Court for the Central District of California has denied a motion brought by the Fox Broadcasting Company seeking to block Dish Network’s new DVR service that enables subscribers to entirely skip the commercials of the four major broadcast networks’ primetime schedules. Fox Broadcasting Co. Inc. v. Dish Network, L.C.C., 12-cv-4529 (C.D. Cal. Nov….
Other Side of the Pond- Update on UK and European Media Law Developments
Troubles at the BBC, Elton John Libel Case, Comic Wins Libel Trial, Contempt Reform and More By David Hooper After the well-known disc jockey Sir Jimmy Savile died in 2011, the BBC prepared a programme investigating the allegations of sexual abuse that had surrounded Savile’s life. Savile was remarkable in many respects in that during…
Defamatory Libel in Canada: Ottawa Restaurateur Given 90 Day Jail Sentence
By Richard G. Dearden and Anastasia Semenova Can you go to jail for defamatory libel in Canada? Yes. An Ottawa restaurateur was recently sentenced to 90 days in jail after being found guilty of defamatory libel under section 300 of the Criminal Code of Canada (R v Simoes) Ontario Court of Justice (Lahaie, J) November…
Lord Leveson Issues Report on the Culture, Practices and Ethics of the Press
Proposal for Press Regulation is Likely to Change Forever the UK Press By David Hooper Lord Leveson’s 2000 page report following a 16 month enquiry and its proposal for press regulation is likely to change for ever the UK press. This article explains how and why the enquiry took place, the background of the arrests…
New York Court Holds Government’s Promise of Confidentiality Trumps Public Interest in Disclosure of Historic Anti-Communist Records
Cert. Petition Pending to the U.S. Supreme Court By Cynthia E. Neidl and Michael J. Grygiel In a recent opinion focused on the public’s right of access to historic records relating to the New York City Board of Education’s anti-Communist investigations occurring more than half a century ago, the New York Court of Appeals ruled…
Court Refuses to Enjoin Gawker From Publishing Hulk Hogan Sex Tape
No Prior Restraint Where the “Cat is Out of the Bag” In a strong endorsement of the prohibition on prior restraints, a Florida federal court denied a motion for a preliminary injunction to prevent Gawker Media from publishing portions of a sex tape featuring famed wrestler Terry Bollea aka “Hulk Hogan.” Bollea v. Gawker Media,…
Fair Report Privilege Protects Articles on Corporation’s Guilty Plea
Summary Judgment for Buffalo News Affirmed A divided New York appellate court affirmed summary judgment for The Buffalo News, holding that statements about the guilty plea of an air cargo company were protected by the state’s fair report privilege or were not “of and concerning” the individual plaintiff. Alf v. The Buffalo News, Inc., No….
Alabama Court Affirms Dismissal of Libel Claim Over Broadcasts about Arrest
Failure to Allege Falsity Dooms Complaint In an interesting fair report case, the Court of Appeals of Alabama affirmed dismissal of a libel complaint premised on a television station’s accurate report about plaintiff’s arrest, but failure to broadcast an update following the dismissal of charges. Jackson v. WAFF, LLC, and Huntsville Broadcasting Corp., No. 2110643,…
Two Different Pennsylvania Superior Court Panels, Two Very Different Results
Status of False Light Law in Disarray By Amy B. Ginensky, Michael E. Baughman, and Eli Segal Within a span of just a few months, the Pennsylvania Superior Court reached very different conclusions in two defamation and false light actions, both of which involved an elected official who sued the press over more than fifteen…
Minnesota Federal Court Applies Single Publication Rule to the Internet
Fringe Candidate’s Libel Suit Dismissed Joining the list of states that have applied the single publication rule to the Internet, a federal district court this month dismissed a libel complaint against The Huffington Post as time barred. Shepard v. TheHuffingtonPost.Com, Inc., 2012 U.S. Dist. LEXIS 163374 (D. Minn. Nov. 15, 2012). Although no Minnesota state…
Ninth Circuit Grounds Chuck Yeager’s Publicity Claims Against Memorabilia Website
The Ninth Circuit recently affirmed summary judgment dismissing right of publicity claims brought by famed pilot Chuck Yeager against an aviation memorabilia website. Yeager v. Bowlin, No. 10-1597 (9th Cir. Sept. 10, 2012) (Fletcher, Reinhardt, Tashima, JJ.). The Court affirmed that Yeager’s claims were barred by the single publication rule. The Court also held that…
Bartnicki Keeps Reporter Off the Witness Stand in Florida
Journalist’s Privilege Applies to Testimony About the Transmission of an Unauthorized Recorded Conversation By George D. Gabel Jr. & Matthew H. Mears Florida Circuit Court Judge Frank E. Sheffield ruled that a reporter from The Florida Times-Union, Matt Dixon, cannot be compelled to testify in the State’s case against a former aide to Lt. Gov….
Cert. Petition Filed in Belfast Project Subpoena Case
Court Should Clarify Source Protection in Criminal Context Two journalists who conducted confidential interviews with IRA members as part of an oral history project on the Northern Ireland conflict filed a petition for certiorari this month asking the Supreme Court to rule that they are entitled to challenge a criminal subpoena on First Amendment grounds. …
MLRC Forum on Challenges of Digital Technologies on Television Business Models
On Wednesday, November 14, 2012, the Media Law Resource Center held its annual Forum, this year focusing on new business-interrupting technologies that are impacting the television industry. The two-hour session, titled, “We Interrupt This Broadcast… Disruptive Technologies and New Television Business Models,” featured: Alan Wurtzel, President, Research & Media Development, NBCUniversal; Richard Greenfield, Media Analyst,…
MLRC 2012 Annual Dinner
Andrea Mitchell, Alex Castellanos and Governor Edward Rendell Discuss Money, Messaging and the Media in the 2012 Presidential Campaign Left to right: Alex Castellanos, Andrea Mitchell, Govenor Edward Rendell On Wednesday, November 14, 2012, over 600 members and friends attended MLRC’s Annual Dinner at the Grand Hyatt in New York. Andrea Mitchell of NBC News…
MediaLawLetter November 2012
Download Publication MLRC MLRC 2012 Annual DinnerAndrea Mitchell, Alex Castellanos and Governor Edward Rendell Discuss Money, Messaging and the Media in the 2012 Presidential Campaign MLRC Forum on Challenges of Digital Technologies on Television Business ModelsMinutes from the MLRC Annual Meeting REPORTERS PRIVILEGE U.S.: Cert. Petition Filed in Belfast Project Subpoena CaseJournalists Ask Supreme Court…