Category Archives: Defamation and Privacy
‘What we didn’t learn from the Mail Newspapers judgment’
This month’s Mail Newspapers judgment in the case brought by Prince Harry and others was a comprehensive defeat for the claimants [2026] EWHC 1637 (KB). The judge found that, in relation to every one of the 57 pleaded articles, the claimants had failed to prove that Mail journalists had used unlawful information gathering (UIG). While […]
Suzanne Whitten, ‘The Right to Reputation’
ABSTRACT Reputational damage from others’ speech can profoundly shape what we can do in the world, influencing whether our words receive uptake, the opportunities available to us, and whether we can credibly contest the characterisations made of us. Yet debates about reputational rights typically frame reputation and free speech as competing individual interests, asking when […]
Fouad Maged, ‘A Commercial Ceasefire: Why the EU-US Data Privacy Framework Cannot Survive Schrems III’
ABSTRACT The adequacy mechanism under GDPR Article 45 is structurally incapable of delivering legal certainty across divergent constitutional orders without a binding international treaty. Despite representing the most sophisticated transatlantic data transfer arrangement to date, the EU-US Data Privacy Framework remains a ‘commercial ceasefire’ built on executive discretion rather than structural reform and is likely […]
R George Wright, ‘The Problem of Truth and Falsity in Today’s Libel Law’
ABSTRACT Libel law must always be in the process of adapting to relevant cultural changes. There can be no guarantee, however, that libel law adapts properly, and in timely fashion, to those changes. This Article considers libel law, and in particular the crucial role of claims of truth and falsity, in today’s cultural context. The […]
Yotam Berger, ‘Litigating Commercial Spyware: The Promise and Limits of Private Enforcement in a New Age of Cybersurveillance’
ABSTRACT Commercial spyware firms – private companies that develop and sell sophisticated hacking tools to governments – are operating in a legal environment marked by weak oversight and notable regulatory gaps. NSO Group, the Israeli company behind the Pegasus spyware, offers a prominent example. Although marketed as a lawful investigative tool, Pegasus has also been […]
David Rolph, ‘Serious Harm to Reputation: Evolution or Revolution?’
ABSTRACT Serious harm to reputation has been an element of the cause of action in defamation across Australia, except for Western Australia, for under five years. Yet already, serious harm has had a significant effect on Australian defamation law. This article considers the actual and potential consequences of the introduction of serious harm. In doing […]
Emmanuel Abrokwa, ‘Does the GDPR Impede AI Progress? A Critical Analysis’
ABSTRACT One of the most critical and difficult issues in modern European digital law is the relationship between Artificial Intelligence and the General Data Protection Regulation. The conflict between data protection standards and AI’s operational needs has moved from theoretical debate to urgent regulatory concern as machine learning systems become more advanced and widely adopted. […]
Alexandre Pacheco da Silva and others, ‘Who Owns the Dead? Digital Replicas, Posthumous Personality Rights, and the Search for a Regulatory Framework’
ABSTRACT The emergence of AI-powered platforms capable of reconstructing the voice, image, and interactive behavior of deceased individuals has generated a significant and largely unresolved legal problem: the posthumous identity market operates in a regulatory vacuum, exploiting a structural gap between the living-person architecture of Personality rights doctrine and the commercial logic of an industry […]
Yang Chen, ‘The Law of Employee Distillation and Cloning’
ABSTRACT The next generation of workplace AI may not merely replace employees; it may be trained to become them. Employers can now feed an employee’s emails, chats, documents, meeting transcripts, code reviews, and behavioral traces into AI systems that reproduce not simply discrete outputs, but working style, tacit judgment, institutional memory, and professional persona. This […]
Eleni Katsampouka, ‘Damages for misuse of private information’
ABSTRACT Despite recognising privacy as a value underlying various rules of tort law, English law has not developed a general tort of invasion of privacy. Since the early 2000s, however, the common law has evolved substantially to protect particular privacy interests through the tort of ‘misuse of private information’ (‘MPI’). Although the boundaries of liability […]