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16 November 2012 / Iain Goldrein
Issue: 7538 / Categories: Opinion , Media
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The Leveson conundrum

Is it possible to regulate the press but still uphold its freedom, asks Iain Goldrein QC

It is arguable that without Millie Dowler there would have been no inquiry into the culture, practice and ethics of the press. Given the context, the Leveson Inquiry has brought to bear a sharp focus as to the shortcomings of the press. Press regulation, however, cannot ignore the role played by a free press in policing the integrity of our society. If we focus unduly on the negatives, without factoring in sufficiently the positives, we are at risk of sublimating the good through a disproportionate pre-occupation with the bad. According to Mark Antony in Julius Caesar: “The evil that men do lives after them; the good is oft interred with their bones.”

We need to address the evil, but not at the expense of the good.

Primary issues regarding press regulation

The issues appear to be:

  • the independence of the regulatory body;
  • the independence of its membership;
  • finance;
  • disclosure;
  • ease of access by the consumer;
  • enforcement
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NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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