Category Archives: Defamation and Privacy
Patrick Parenteau, ‘SLAPP vs SLAPP-BACK: The Seismic Greenpeace Verdict and the Future of Environmental Protests’
ABSTRACT In March 2025, a nine-person jury in Morton County, North Dakota awarded a verdict of almost $667M against Greenpeace USA, Greenpeace Foundation and Greenpeace International (hereafter, Greenpeace unless otherwise noted) and in favor of Energy Transfer LP and Dakota Access LLC, developers of the controversial Dakota Access Pipeline (DAPL). Despite Greenpeace’s claim that the […]
Knoll and Ines, ‘Photoshop and The (Virtual) Body of Models’
ABSTRACT In this paper, Photoshop is analyzed with a special focus on the bodies of models and a detailed analysis on the legal issues posed by this specific area. For the sake of a thorough development of the topic of this paper, it is necessary to define relevant concepts such as photography and personal image. […]
Jianyun Wang, ‘Data Rights and Price Discrimination’
ABSTRACT This paper develops a model of data-driven price discrimination to study the welfare-optimal allocation of data rights between consumers and platforms. Consumers understand that their platform usage generates data that may reveal their willingness to pay and may therefore behave strategically by distorting usage. The platform invests in data-processing technology to improve inference and […]
Peter Applegarth, ‘Injunctions to stop the disclosure of private information that injures reputation: consequential harm and coherence’
ABSTRACT The rule in Bonnard v Perryman is that an interlocutory injunction will not be granted if a defence might succeed at trial. This article argues that the rule should not apply to privacy claims and should be reconsidered in its own field: defamation law. The principle of claimant choice means that an interlocutory injunction […]
Tamiko Rochelle Franklin, ‘Virtualism: Virtual Property as Economic Rights in Data and its Use by Artificial Intelligence Products and Systems’
ABSTRACT This text proposes the allocation of user centric economic rights in data to counterbalance the adverse human rights impact of transnational artificial persons on humanity; specifically as relates to the use of user data in the development and proliferation of artificial intelligence (AI) products. Internet technology companies are effectively gatekeepers of web use and […]
Dara Omolaja, ‘No Single Law, No Vacuum: Director Duties and AI Under Existing Canadian Law’
ABSTRACT Canada does not have a single, comprehensive statute governing artificial intelligence. The proposed Artificial Intelligence and Data Act died on the order paper in January 2025 and has not been reintroduced. This absence is frequently treated, in both practice and commentary, as a regulatory gap. This article argues that it is not. The directors […]
Daniel Solove, ‘How to Maintain Our Privacy in the AI Age’
ABSTRACT This essay, written as part of the Wall Street Journal’s USA250 series, argues that today’s privacy laws aren’t working because they put the onus on us to guard our data. This approach fails because digital technologies are too complicated for us to manage. Instead, to be effective, privacy laws must hold companies accountable. Whenever […]
Proposed anti-SLAPP legislation for England and Wales
For commentary on this bill see: Two Private Members’ Bills in both houses place Anti-SLAPP reform firmly on the parliamentary agenda (UK Anti-SLAPP Coalition, 16 June) Parallel legislation to tackle SLAPPs introduced in both Houses of Parliament (Free Speech Union, 19 June) New front opens in stalled anti-SLAPPs campaign (Law Gazette, 21 June) The Anti-SLAPP […]
Misbahul Haque, ‘Defamation by AI: Actual Malice, Artificial Intelligence, and the Future of Fault’
ABSTRACT Generative AI systems often produce false and defamatory statements about real individuals, but traditional defamation law falters when the speaker lacks a mind. New York Times Co v Sullivan requires proving actual malice – knowledge of falsity or reckless disregard for truth – but algorithms have no ability to know about falsity or act […]
Çınar and Yahya, ‘Twenty-five Years of Privacy in Advertising: A Bibliometric Analysis and Thematic Review’
ABSTRACT This study provides a comprehensive analysis of 25 years of research on privacy in advertising. Using a hybrid approach, we combined bibliometric analysis with qualitative thematic review to systematically examine 389 articles from the Web of Science and Scopus. Through bibliometric techniques, we mapped key research trends, highly cited authors, and intellectual structures. To […]