Category Archives: Defamation and Privacy
Graham Greenleaf, ‘Australia’s Privacy Payouts Escalate (but will they pass the Pub Test?)’
ABSTRACT Something which ‘passes the pub test’ is ‘something the ordinary patron in an Australian pub would understand and accept to be fair, were it to come up in conversation. The test has been compared to reasonable person standards in law. For decades, enforcement of Australia’s privacy laws has been criticised widely, including by other […]
Ella Corren, ‘Privacy Law’s Reality Check’
ABSTRACT The past decade has seen an unprecedented wave of regulatory activity aimed at governing the information economy, with privacy, antitrust, and Artificial Intelligence (AI) at the forefront. Yet despite a surge of lawmaking and enforcement – especially in the United States and the European Union – persistent concerns over the harms of digital markets […]
Jurcys, Kozuka and Fenwick, ‘A Private Law Framework for Personal AI Replicas: A Comprehensive Analysis of Legal Issues’
ABSTRACT This Article examines the emerging legal framework governing digital duplicates and personal AI replicas – AI systems designed to emulate the knowledge, personality, or communicative style of real individuals. As such technologies proliferate across education, commerce, entertainment, and healthcare, they challenge foundational doctrines of private law, including, inter alia, intellectual property, data protection, personality […]
Jessica Lake, ‘Professional authority and institutional integrity: men’s suits for sexual misconduct defamation in nineteenth-century America’
ABSTRACT Since the #MeToo movement, prominent men accused of sexual misconduct have frequently brought defamation claims against their accusers and media companies that have published the allegations. This trend has generated a wealth of debate and scholarship, but little research has placed such cases within a historical context. This article seeks to fill this gap […]
Claire Bessant, ‘The expanded scope of the tort of misuse of private information: a tort protecting individual and family privacy’
ABSTRACT The House of Lords’ decision in Campbell v MGN [2004] UKHL 22 is celebrated for having introduced a new cause of action into English law: the tort of misuse of private information (MPI). Whilst in Campbell, the tort’s role in protecting the individual claimant and their private life is emphasised, subsequently the tort has […]
Patricia De Moraes Paisani Matthey Claudet, ‘Pay or consent to have your data used – the complex intersection between the DMA and data protection rules’
ABSTRACT One of the objectives of the Digital Markets Act (DMA) is to prevent gatekeeper platforms from employing their data advantage to create barriers to new entrants. To achieve that, the DMA uses the concept of GDPR consent in Article 5(2) DMA. While this can be seen as a recognition of the synergy between the […]
Laura Herrerías Castro, ‘Liability of Generative AI for Defamation’
ABSTRACT This article explores the potential liability of generative AI (GenAI) operators for reputational harm under the EU legal framework, with a focus on three possible legal grounds: defamation, product liability, and non-contractual liability. National defamation law faces significant challenges in addressing AI-generated content in the absence of human intent or editorial control. While the […]
David Erdos, ‘UK Data Protection Post-Brexit: The Evolving Landscape’
ABSTRACT Post-Brexit, the UK has clearly shifted to a more business and government-friendly data protection approach. Nevertheless, although wider changes have eliminated data protection as a fundamental right and deprived the UK GDPR of primacy vis-à-vis exemptions from the regime, the specific substantive reforms of the Data (Use and Access) Act 2025 are modest. Although […]
Annika Memmel, ‘The EU Anti-SLAPP Directive: (Un) Founded Optimism?’
ABSTRACT In April 2024 the EU adopted the Anti-SLAPP Directive which needs to be transposed by 7 May 2026. Strategic Lawsuits against Public Participation (SLAPPs) target public watchdogs such as journalists and NGOs who express themselves on matters of public interest. The primary objective of these lawsuits is not to win the case but to […]
‘Collective Redress and Digital Fairness’: Symposium, Transformative Private Law Blog
Collective Redress and Digital Fairness. A few opening remarks from the Blog Symposium Editors (Anna van Duin, Francesca Episcopo, Aart Jonkers and Sébastien De Rey) Digital Harms in Collective Redress: Towards a Framework for GDPR Damages (Ignacio Cofone) When the Plaintiff Is a Prediction: the EU Collective Redress Gap for Algorithmic Inference Harms (Liubomir Nikiforov) […]