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15 March 2013 / Peter Thompson KC
Issue: 7552 / Categories: Features , Blogs , Media
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Stop press!

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Is there a route to justice for victims of internet libel, asks Peter Thompson QC

It is not just celebrities; and it is not just newspapers. Lord Justice Leveson stressed that ordinary members of the public are often the objects of unfair scrutiny and unwelcome publicity in the media and are not well placed to assert their rights in a court of law. He recommended an arbitration service to provide redress for those who have suffered unfairly. It might work, but it might not even be implemented. Is there some other route to justice?

There is, of course, a civil remedy for defamation; and a remedy for breach of privacy is developing fast. But both have been developed out of case law, which has led to the creation of sophisticated concepts like privileged occasions, publication in permanent form, and fair comment. There are many ways in which a case built on a blatantly defamatory statement can fail. With privacy the problems are of the opposite kind: the claimant needs exactly the right mix

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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