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09 May 2019 / Athelstane Aamodt
Issue: 7839 / Categories: Features , Defamation , Technology , Media
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Mean screen libel machine

Social media has added a whole new dimension to the challenges of determining the meaning of words, says Athelstane Aamodt

  • The social media user represents a new class of ‘ordinary reader’ to consider when determining the true meaning of statements.
  • Should social media companies be subject to regulation enforcing a legal duty of care on them with respect to their users?

Much of the practice of law is about determining the meanings of words. In some cases, for example, the focus will be on what a law is meant to mean, and in others the focus will be on what agreements made between parties are meant to mean. The area of law that is concerned perhaps more than any other about what words mean is defamation. The reason for this is obvious: for a statement to be capable of being defamatory, a court must first determine what the words actually mean.

Taking stock

The process of how courts decide what a statement means was the focus of the recent

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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