Category Archives: Defamation and Privacy
Helen Fenwick, ‘Campbell at 20: where now for the balancing act?’
ABSTRACT This article focuses on the findings in the seminal decision in Campbell as to the speech/privacy balancing act, to argue that since that decision two divergent strands of jurisprudence have emerged, placing those findings under some pressure. Firstly, it will be argued that the Campbell view of the proper conduct of the act – […]
Karim Keshavjee, ‘The Unbanked Patient: Rights Without Remedy in Health Data Governance’
ABSTRACT Health data systems routinely collect, share, and derive commercial value from patient information while providing patients with little transparency, control, or accountability. Existing frameworks (including privacy law, dataveillance theory, and blockchain-based technical architectures) address portions of this problem but fail to enumerate the full set of rights patients hold over their data, and fail […]
‘Can you trademark identity? The new legal strategy celebrities are using against AI’
In recent months, celebrities such as Taylor Swift, Matthew McConaughey and Jeremy Clarkson have turned to trademark law to protect aspects of their identity associated with their brands. It’s a relatively new legal tactic and not yet tested in court. But celebrities are using it in an attempt to fill a gap copyright law wasn’t […]
Jasmine McNealy, ‘Constructing a remedy for data hoards’
ABSTRACT This article considers how a constructive data trust – a court order that someone holds property for the benefit of another – might offer a reparative solution in privacy and data governance cases. This proposal is situated within an algorithmic reparative framework, which seeks not only to compensate for individual privacy harms but to […]
Caitlin Ashby, ‘Can a Search Engine … (Be Held Liable for Defamation)?’
ABSTRACT When defamation occurs online, it has become increasingly common for complainants to seek compensation from the internet intermediaries (such as internet service providers, search engine providers and website hosts) which conceivably bear some responsibility for those publications. The liability of search engine providers is particularly contentious. This is because the defamatory words which appear […]
Daniel Kiat Boon Seng, ‘The Liability of Internet Platform Intermediaries’
ABSTRACT The legal landscape surrounding Internet intermediaries – such as e-commerce platforms, social media, and ISPs – centers on their liability for third-party actions. Such liability can be framed as direct liability, for instance, for defective products through strict product liability, and as indirect liability, for instance, in actions for defamation and copyright infringement. The […]
Jiapeng Ji, ‘The Legal Construction of Data Property Rights: A Comparative Study of the EU, US, and China’
ABSTRACT This article undertakes a comparative legal analysis of the data-governance paradigms of the European Union, the United States, and China, with particular emphasis on data property rights, data assetization, and cross-border data-flow regulation. The EU grounds its data governance in fundamental rights. While the GDPR establishes a strict privacy framework, it actively rejects the […]
Michael Tugendhat, ‘Campbell at 20: Privacy before Campbell’
ABSTRACT This article considers three questions: What was it like to practice in the law of privacy before Campbell v MGN Ltd? What made both necessary and possible the development of the common law that occurred in Campbell? What does Campbell now stand for? It demonstrates that there were many legal means for prohibiting the […]
Allyson Gold, ‘Asymmetrical Tenancies’
ABSTRACT Tenant screening reports are a standard feature of the rental application process. These reports provide landlords with comprehensive histories on prospective tenants’ civil court records (with an emphasis on eviction filings), credit history, and criminal records. While the reports are touted as tools to help landlords mitigate risk involved in tenant selection, the reality […]
Laura Filliung, ‘Algorithmic challenges in online content moderation: exploring human rights and copyright issues and proposing data trusts as a policy solution’
ABSTRACT Copyright enforcement has become one of the most contested and consequential aspects of algorithmic content moderation. While online platforms increasingly deploy automated systems to identify and manage infringing material, these mechanisms often lack contextual nuance, over-prioritise corporate rightsholders and suppress lawful content such as transformative works and fair use. YouTube’s Content ID exemplifies how […]