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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

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

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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