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September 2013

MLRC Bulletin 2013 Issue 2

PUBLICATION:
in this issue

A Guide for American Lawyers to Prepublication Review of European-Based Publications

By Charles J. Glasser, Jr.* I.          Introduction^ A German newspaper points out accurately that the Chancellor dyes his hair. A Spanish television station broadcasts footage of a famous bullfighter dying in the ring’s infirmary. A French restaurant review says there is “too much spice” on a prawn cocktail. Each and every one of these real-life…

Use of Unmanned Aerial Vehicles in Newsgathering: The Sky’s the Limit – Or Is It?

By Mickey H. Osterreicher* Stories and issues regarding unmanned aerial vehicles (UAVs), more commonly called “drones” (much to the chagrin of the Federal Aviation Administration (FAA) and the UAV community), have increased exponentially over the past year. Although such use by the military has been fodder for many articles and editorials, this article will only…

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Consumer Attitudes Toward Relevant Online Behavioral Advertising: Crucial Evidence in the Data Privacy Debates

By Mark Sableman, Heather Shoenberger And Esther Thorson* In today’s digital environment, data about Internet usage can be used to tailor content and advertisements to users’ interests.  But that tailoring has become central to an international policy debate concerning consumer privacy interests in connection with business data collection, transfer and use.  Highly restrictive rules in…

Canada’s Copyright Modernization Act: A Delicate Rebalancing of Interests

By Paul Schabas, Iris Fischer and Christopher DiMatteo* I.          Introduction The law has long recognized the public interest in giving creators a property right over their creations.  In 1769, an English judge said, “It is wise in any state, to encourage letters, and the painful researches of learned men.  The easiest and most equal way…

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Media Defence in Ireland: An Update

By Mark Harty SC & Karyn Harty* I.          Introduction This paper covers the key legal developments affecting publishers in the Republic of Ireland (“Ireland”) since 2007[1].  There have been some significant changes over the past six years, including statutory reform in relation to defamation claims that has partially restated the existing law, added new defences…

Liability in Germany for Foreign Web Hosts and Content Providers: A Summary of Recent German Supreme Court And European Court Of Justice Decisions

By Dr. Ralph Oliver Graef, LL.M.* I.          International Jurisdiction of German courts The New York Times Case In 2010, a defamation lawsuit against the New York Times in Germany made the news in America with speculation that it marked a new front in the problem of libel tourism.[1] The New York Times undoubtedly did not…

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The Supreme Court of Canada and Free Expression 2008-13: Tidal Wave or Tidal Wash?

By Brian Macleod Rogers* Introduction Since 2008, the Supreme Court of Canada has rendered some 15 decisions on cases involving media law and free expression.  A paper four years ago examined the pending “tidal wave” of appeals to the Supreme Court of Canada and raised the question, “Will a new legal landscape emerge?”[1] We now…

Australian Media Law Round-Up

By Peter Bartlett and Veronica Scott* Media Reform While the UK had the Leveson Report, Australia had the Finkelstein Report[1] and the Convergence Review.[2]  In response to these two reports, the Australian Government introduced a package of legislation in March this year to establish what it described as a ‘press standards model’ of self-regulation for…

The New Defamation Act 2013: What Difference Will It Really Make?

By David Hooper, Brid Jordan, Kim Waite, Oliver Murphy* The Defamation Act 2013[1] received Royal Assent on 25 April 2013. The big question for all practitioners and publishers is how much difference will it really make? The key changes, virtually all of which favour defendants, are: The introduction of the test of serious harm –…

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MLRC Bulletin 2013 Issue 2

 Download Publication The New Defamation Act 2013: What Difference Will It Really Make?David Hooper, Brid Jordan, Kim Waite, Oliver Murphy Australian Media Law Round-UpPeter Bartlett and Veronica Scott The Supreme Court of Canada and Free Expression 2008-13: Tidal Wave or Tidal Wash?Brian MacLeod Rogers Liability in Germany for Foreign Web Hosts and Content Providers: Summary…