Category Archives: Defamation and Privacy
David Erdos, ‘The CJEU limits freedom of expression under the General Data Protection Regulation (GDPR): C-199/24 Legal Newsdesk Sweden’
ABSTRACT Legal Newsdesk concerned a paid search service providing criminal information on individuals. Disclosure was not oriented towards a collective public and so clearly fell outside of journalism. The CJEU further held that journalistic disclosure must be ‘in compliance with the rules and codes of conduct of the profession of journalist’ and ‘factual allegations’ must […]
David Erdos, ‘UK Data Protection After Brexit: Between the EU and the Most Developed Commonwealth States?’
ABSTRACT Although the UK retained an EU-derived legal model of data protection post-Brexit, in September 2021 its Conservative Government launched a non-radical initiative for the primary law reform of this which was extensively influenced by legislation in the other most economically developed Commonwealth States (namely, Australia, Canada, New Zealand and Singapore). This ultimately led to […]
Zoya Yasmine, ‘The complexities and guises of anonymity: privacy-enhancing technologies and medical AI’
ABSTRACT As investment in artificial intelligence (AI) grows, so too do debates about how to enable the secondary use of patient data to train AI models. Privacy-enhancing technologies (PETs) such as synthetic data, federated learning, and Secure Data Environments (SDEs) have been put forward as technical solutions to facilitate this process, typically through the anonymisation […]
Hyder, Tamanna and Hossaini, ‘Judicial Trends to Tort Claims in Bangladesh: Impediments and Way-out’
ABSTRACT This study critically examines the recent judicial evolvement in the area of law of torts in Bangladesh, focusing on recent judicial trends, challenges and suggest potential reforms to improve the tort law enforcement. This research is primarily qualitative by relying on legal statutes, case laws, academic literature, books, commentaries and journal articles to assess […]
Stewart Manley, ‘Defamatory Half-Truths in Malaysia: Seema Elizabeth Isoy v Tan Sri David Chiu Tat-Cheong’
ABSTRACT Seema Elizabeth Isoy wrote in a condominium owner Whatsapp group that developer David Chiu had been arrested for fraud several years earlier. She knew but left out that he had later been acquitted. In holding her liable for defamation, the Malaysian Federal Court in Seema Elizabeth Isoy v Tan Sri David Chiu Tat-Cheong relied […]
Russell Blackford, ‘Liberal Principles and the Right to a Private Life: Why Australia’s Institutional Press Should Face A Privacy Tort’
ABSTRACT A new statutory tort of serious invasion of privacy was introduced into the Privacy Act 1988 (Cth) by the Privacy and Other Legislation Amendment Act 2024 (Cth), and came into operation in June 2025. In itself, this is welcome. However, the new statutory scheme has two faults. First, it includes as an element of […]
Lisk and Sigar, ‘What Is Fair And Reasonable? Rethinking Privacy Expectations’
ABSTRACT This article critically examines the evolution and limitations of Australia’s privacy law, focusing on the Australian Privacy Principles and the proposed ‘fair and reasonable’ test for the collection, use, and disclosure of personal information. Tracing the history and recent reviews and reforms of the Privacy Act 1988 (Cth), this article examines the gaps between […]
Kawka and Halama, ‘Objecting to Consumer Price Profiling: The Scope of Direct Marketing under Article 21(2)-(3) GDPR’
ABSTRACT The analysis concerns the classification of price profiling as processing for direct marketing purposes and the scope of the obligations arising from an objection. A doctrinal legal method is used to interpret Article 21(2)-(3) GDPR, examine CJEU case law and compare selected scholarly views and data protection authorities’ positions. Under the interpretation proposed, behaviour-based […]
Chen, Huson and Meng, ‘As Bad News Spreads: Anti-SLAPP Laws and Scale-Dependent Transparency Costs’
ABSTRACT Using the staggered adoption of anti-SLAPP laws across US states, we find that firms increase cash holdings when negative firm-specific information becomes easier to disseminate. Cross-sectional evidence points to competitive pressure rather than stakeholder scrutiny: the increase is concentrated in more competitive industries and in settings with greater predation risk. We also document within-industry […]
Millar and Clift, ‘Rethinking defamation cases over sexual assault allegations: feminist reflections on Lehrmann v Network Ten’
ABSTRACT Lehrmann v Network Ten stands as a rare example of a woman’s account of rape being found to be true in defamation proceedings. The case presents an opportunity to explore the prevalence of patriarchal myths about sexual assault survivors in litigation and how male defamation plaintiffs use these myths to undermine victims’ credibility. Via […]