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April 2011

MLRC Bulletin 2011 Issue 2

PUBLICATION:
in this issue

MLRC Bulletin 2011 Issue 2 – Competing Values: Reputation, Privacy and Journalism in the Global Media Environment

 Download Publication Competing ValuesBy Mr Justice Eady Super Injunctions, Anonymity and Privacy LawBy Kevin Bays and Emily Barber The Public Interest Responsible Communication Defense—How Is It Working In Canada?By Wendy J. Wagner and Richard G. Dearden Search Engine Liability in Argentina: Comparative Research Findings in Argentina and AbroadBy Eduardo Bertoni The SPEECH Act, A View…

“The Assange Effect”: WikiLeaks, The Espionage Act and the Fourth Estate

By Shaina Jones and Jay Ward Brown* In the wake of the November 2010 publication of thousands of highly-classified diplomatic cables, the “whistle-blowing”[1] website WikiLeaks has prompted an international debate on, among other matters, possible prosecution of the organization or its leader under the American Espionage Act.[2]  Indeed, a grand jury empanelled by the United…

International Protection of Confidential Sources and the Definition of “Journalist”: Strong Protections, Ambiguous Definitions

By Kurt Wimmer* In the United States, Congress and the courts have been actively debating the parameters of the rights of journalists to maintain the confidentiality of source identities in the face of governmental demands for the identities of confidential sources.  One of the most challenging elements of the debate is the question of who,…

EU Data Protection: Keeping Up With the Pace of Change?

By Oliver Bray and Fiona Wilson* The Need for Reform Of all the examples of the real world outpacing legislation, the current status of data protection regulation must surely be close to the top spot.  Technological developments and the move toward globalization have completely changed the landscape within which data now exists, leading many to…

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The Speech Act, A View From Abroad

By Harry Melkonian The SPEECH Act[1] was enacted in 2010 and was intended to protect American authors and publishers from the risk of US judicial enforcement of defamation judgments rendered in less media-friendly jurisdictions – most often, England. In a nutshell, the SPEECH Act requires that American courts deny recognition or enforcement to any defamation…

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Search Engine Liability in Argentina: Comparative Research Findings in Argentina and Abroad

By Eduardo Bertoni* I. Introduction This article examines Argentine cases and trends addressing liability for third-party generated content on the Internet, focusing particularly on a number of preliminary injunctions ordering search engine companies to block access to allegedly offending websites.  When the Center for Studies on Freedom of Expression and Access to Information first undertook…

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The Public Interest Responsible Communication Defense: How Is It Working In Canada?

 Download PDF By Wendy J. Wagner and Richard G. Dearden* I.          Introduction The Supreme Court of Canada issued landmark decisions in Grant v. Torstar Corp.[1] and Quan/The Ottawa Citizen v. Cusson[2] that modernized Canadian libel law in accordance with the Canadian Charter of Rights and Freedoms[3] by creating the public interest responsible communication defense. The…

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Super Injunctions, Anonymity and Privacy Law

By Kevin Bays and Emily Barber* There has been a good deal of press coverage recently concerning privacy injunctions, which has prompted heated debate about the direction that the law of privacy in England and Wales is taking.  The courts are accused of seeking to introduce a privacy law “by the backdoor” and Parliament of…

Competing Values

By Mr Justice Eady* As so often in the past, British and American troops are currently deployed in various parts of the world in the furtherance and defense of what are routinely described as shared values.  These include, of course, in a broad sense those of democracy and freedom.  Yet, at the same time, the…

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