Category Archives: Defamation and Privacy
Witzleb, Richardson and Rivette, ‘The Enduring Legacy of Campbell v MGN Ltd in Australian Privacy Law’
ABSTRACT This article explores the influence of the decision in Campbell v Mirror Group Newspapers Ltd (2004) on Australian general and statutory protections of privacy. One of the major legacies of the Campbell case is that privacy and confidentiality, while related and to some extent overlapping, should be protected through distinct causes of action. The […]
Gordon-Tapiero, Kaplan and Parchomovsky, ‘Deepfake Liability’
ABSTRACT Deepfake technology is spinning out of control. Recent advancements allow users to quickly, easily, and anonymously create fake yet highly realistic images and videos featuring real people. While this technology has potential benefits, it is widely used nefariously to create pornographic images and videos of young girls. Ninety-eight percent of all deepfake videos online […]
Michael Wachukwu, ‘Protection of Digital Rights in Data, Cyber and AI governance’
ABSTRACT As different Courts with different mandates and jurisdictions, the CJEU do consider various rights limitations under Article 8 of the ECHR, as interpreted by the ECtHR. This research found that the CJEU and ECtHR strive to live up to expectations under current data protection laws. However, their jurisprudence seems to fall short of providing […]
Michael Wachukwu, ‘Points of Convergence and Divergence of Scholars on the CJEU and ECtHR Jurisprudence on Digital Rights Protection’
ABSTRACT To sustain the rule of law, everyone should enjoy efficient judicial protection of their digital rights. In this regard, the CJEU however held that ‘the right to data protection is not absolute but qualified and must be considered in relation to its function in society’. For a researcher, the right to an effective legal […]
Mason Clark, ‘Digital Dram Shops and Intoxicating Algorithms’
ABSTRACT At first glance, dram shops – bars, taverns, or any other establishment that sells alcohol – and digital platforms appear to be wholly dissimilar spaces. The former is a physical location and encourages human-to-human interaction; the latter intentionally removes this interaction in favor of algorithms. Yet both share a similar incentive to entice bar […]
Clare Ryan, ‘The Public/Private Home’
ABSTRACT Families today are more private and more public than traditional family law doctrine ever envisioned. This Article reveals how many elements of family life, which the law often assumes will occur in public – work, school, social life – have moved into the private sphere of the home. While at the same time, private […]
‘Judge makes first “statutory SLAPP” declaration’
An £8 million defamation claim against a high-profile tax commentator and former magic circle partner has become the first lawsuit to be defined by a judge as meeting the statutory definition of strategic litigation against public participation (SLAPP). In Kamal v Tax Policy Associates and Daniel Neidle, Mrs Justice Collins Rice gave summary judgment on […]
Yann Conti, ‘Post-Mortem Data Protection in the Digital Age: A Necessity for Human Dignity?’
ABSTRACT The rise of digital society raises new questions about the status of the digital remains of deceased individuals. Recent literature argues that such remains require protection similar to that afforded to bodily remains, due to their connection to personal identity. By framing post-mortem privacy as an essential component of human dignity, we show that […]
Yunsieg Kim, ‘Incognito Consumer Harm’
ABSTRACT What good is a legal system built for visible injuries in a world where injury is designed to be invisible? This Article identifies and theorizes incognito consumer harm: consumer-facing wrongdoing designed to remain unnoticed by most victims. A robot vacuum cleaner covertly records video inside consumers’ homes. A seemingly helpful browser extension records everything […]
Zac and Bechtold, ‘Markets for Consent’
ABSTRACT When lawmakers regulate new technologies, firms face a Coasean choice: whether to make compliance in-house or to buy it from specialized providers. Because compliance is costly and economies of scale exist, intermediaries have emerged in many markets to supply compliance services. We examine one such market: the collection and processing of user consent for […]