Defamation Act 2013: A sensible balance or a step back? – Philip Steele

Bloggers – this is a very succinct guide to the new defamation act which can into force on January 1. He makes some interesting points – like nobody can bring a defamation action if they do not act within a year. Honest opinion also replaces fair comment – which will protect bloggers with strong views which they can justify and the definition of public interest is widened with the courts having wider discretion. There is new defence of truth rather than justification- giving bloggers the right to show why they believe their statements are truthful. Altogether this seems good news, though the lawyer who wrote this piece seems to be looking for more complications. But he is a lawyer after all!

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Philip-Steele-websiteThe Defamation Act 2013, which came into force on 1 January 2014, is a missed opportunity to provide clarity over precisely which elements are required in order to establish a claim for defamation. The courts have, over the years, made numerous attempts to define what is defamatory.  But Parliament missed the opportunity this legislation provided to bring clarity to the issue.

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2013 in review: Hits rise from 82,000 to 150,000 in one year

The WordPress.com stats helper monkeys prepared a 2013 annual report for this blog.

Here’s an excerpt:

The Louvre Museum has 8.5 million visitors per year. This blog was viewed about 150,000 times in 2013. If it were an exhibit at the Louvre Museum, it would take about 6 days for that many people to see it.

Click here to see the complete report.

This year I decided for the first time to include other posts on this blog. The decision to include reports from @martin_hickman and documents from @peterjukes on the hacking trial – with both their permissions- was prompted by the mainstream media not following the trial in any depth.
I intend to continue this next year.
Next year will also see with @ExaroNews further investigations into the child sexual abuse that began when a contact of mine told me about Richmond. I will also continue following child sexual abuses in the church.
There will be political blogs and occasional personal and travel blogs. I also intend to follow the progress of my wife Margaret’s recovery from a devastating stroke last summer and comment on how good or bad the rehabilitation services are. I am very hopeful that she will continue to get better and recover her mobility. Happy New Year to you all.

Media and Law Review of the Year, 2013: Part 2, Phone Hacking, Blagging, Bribing and the Trial

This is a superb summary of the hacking trial and a reminder of the large number of journos and their sources facing future trials over phone hacking, bribery of officials and officials from former police and prison officers to health staff facing charges of accepting bribes. It also points up the Exaro News revelation of the full Murdoch “tape” secretly recorded when he addressed the arrested journos.

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2013 year in review 2Phone hacking and its close relations blagging and bribing were rarely out of the media law news in 2013.  There were new arrests and charges throughout the year, culminating in an Old Bailey Trial.  This began on 28 October 2013 with eight defendants facing seven charges.

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The Duck House: From MPs expenses to Whitehall farce

ImageThe MPs expenses scandal exposed by the Daily Telegraph nearly five years ago  did more to damage the reputation of Parliament than anything else in recent history. There were hardly any MPs who had not put in some dodgy  or dubious claim and the repercussions are still being felt today as an ex Labour minister starts a six month jail sentence.

This spirited production of The Duck House now running at London’s Vaudeville theatre captures the panic felt by MPs at the time but  turns the whole proceedings into a series of jokes and a Whitehall farce in the tradition of Brian Rix before he became Lord Rix and a great campaigner for the mentally handicapped.

 Ben Miller, as the greedy money grabbing turncoat Labour MP,Robert Houston, with thousands of dodgy expenses receipts heads a cast often caught with their trousers down.

His wife  Felicity,is played by Nancy Carroll, a woman who can’t wait for hubbie’s defection to the Tories and gives a wonderful performance showing how inadequate she would be as an Mp’s secretary even if he is claiming for her. While their son James Musgrave, gives a remarkably good performance of as a gangly student staring at his laptop for much of the performance repeating the word ” fuck” as he reads his latest threatening emails  from the hoods because he can’t meet his gambling debts

There is also a  very loyal  Russian cook, Ludmilla, played by Debbie Chazen, who ends up campaigning for UKIP after being exposed for being employed without a work permit. Life has imitated art tonight (Feb 8) when Mark Harper, the immigration minister, resigned after it was revealed that he was employing a cleaner who had no right to stay in the UK permanently.

Then there is the straight man – David Cameron’s go between – Sir Norman Cavendish, played by Simon Shepherd. He is the man who gets covered in manure  as he negotiates Robert Houston’s switch from New Labour to the Tories. He is also found to have a secret life meeting a modern Miss Whiplash who improbably is also the girlfriend of the MP’s son. This might need updating now- Westminster gossip has  it that it is some  young Tory government advisers who like to visit Madams at the moment.

Spiced with a few up to date jokes – including a risque reference to David Cameron and Rebekah Brooks,( hacking trial lawyers please note,) the show is more farce and political banter than a contribution to the current debate.

Don’t go if you expect to be enlightened about MPs expenses, though all the examples are based on fact. Do go if you want a rollicking, funny, evening and enjoy farce. The subject was MPs’ expenses but  they could put together a farce on anything.

The review on this blog follows free press tickets. The theatre staff are also very helpful to disabled people providing transport to get wheelchair bound people  down to the stalls. Unfortunately they do not have a disabled toilet but have made arrangements for people to use one at a theatre next door.

 

 

 

 

Phone Hacking Trial: Princes William and Harry, Interviews of Brooks and Coulson – Martin Hickman

Evidence that the phones of the two Royal Princes -William and Harry – were hacked by Glen Mulcaire was produced at the trial yesterday. This finally scotches denials by the Met Police, who knew since 2006, and the Royal Household that this never happened.

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William Harry KateDay 32: Princes William and Harry were targets of the News of the World’s phone hacking operation, the phone hacking trial heard yesteday.  At the Old Bailey, prosecutor Andrew Edis read out a series of recordings of voicemails left by or for the princes which were recovered from the homes of the News of the World’s private detective, Glen Mulcaire, and its royal editor, Clive Goodman, in 2006.

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Stingemore and McSweeney plead not guilty to all charges in Richmond child sex abuse scandal

John Stingemore, the former deputy manager of Grafton Close  children’s home in Richmond and Father Tony McSweeney,a Roman Catholic priest have pleaded not guilty to all 14 charges against them following the Operation Fernbridge investigation. A report is on the Exaro News website

Stingemore,aged 72, has denied five charges of indecent assault, one of taking an indecent picture and one of indecency with a child. McSweeney, a 66 year old priest ,pleaded not guilty to seven charges,  two of indecent assault, three of making indecent images  of children , one of taking an indecent image of a child  and one of possessing indecent pictures of children.

 Five charges against  both men made during the initial hearing at Westminster Magistrates Court earlier this year were not pressed. They included a conspiracy with persons unknown to commit buggery and two counts of indecent assault against Stingemore and one case of indecent assault against McSweeney.
 No date has been fixed for the trial. The hearing was subject to reporting restrictions.
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Phone Hacking Trial: Jury Hears Kuttner Police Interview – Martin Hickman

Fascinating evidence given by Stuart Kuttner, former managing editor of the News of the World, over the Milly Dowler voicemails and his lack of knowledge over the use of phone hacking.

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Stuart KuttnerDay 31:  One of the News of the World’s most senior executives had not even realised phone hacking was possible before the arrest of the paper’s royal editor seven years ago, the hacking trial heard today.

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Phone Hacking Trial: Edmondson, Coulson and the explanation for “do his phone” – Martin Hickman

An interesting explanation from Andy Coulson, former News of the World Editor, about what ” do his phone” meant – eg not hack but check Calum Best’s phone because he was boasting about leaks from the News of the World using another reporter’s phone!

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media_andy_coulson_2Day 29: Former News of the World news editor Ian Edmondson was discharged from the phone hacking trial on Thursday 12 December.  Mr Justice Saunders told the jury a “consensus” of medical evidence suggested he was unfit to participate in the current case.

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Edmondson removed from Current Hacking Trial

this from the excellent @peterjukes means the News of the World’s news editor will not be tried in this case. But significantly the judge has not adjourned the trial, just decided that Mr Edmondson will be tried by a different jury in the future.

peterjukes's avatarThe Criminal Media Nexus

This is the statement Justice Saunders made in court on Thursday Afternoon:

SAUNDERS – Can I talk for a moment about Mr Ian Edmondson….
I have received and read a number of medical reports about the fitness of Mr Edmondson to continue to participate in the current trial. The consensus of opinion of doctors instructed both by the Defendant and the Prosecution is that he is currently unfit. It is not anticipated that it will be long before he is fit to continue but it will be several weeks and there can be no guarantee that at the end of that period of time he will be fit. Bearing in mind the current estimate of the length of this trial, I do not think it is appropriate to adjourn to wait for his recovery and accordingly I shall discharge you from giving a verdict in his case. He will be…

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Phone Hacking Trial: Brooks and Morgan discussed phone hacking at Coulson party, court told – Martin Hickman

Another extraordinary phone hacking episode – evidently according to the witness a matter of jokes between Rebekah Brooks and former Mirror editor Piers Morgan at Andy Coulson’s 35th birthday bash.

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Ambi SithamDay 28:  Rebekah Brooks and Piers Morgan bantered about hacking into each other’s phones at the 35th birthday party of their fellow tabloid editor Andy Coulson, the Old Bailey was told yesterday.  Former lawyer Ambi Sitham told the phone hacking trial that she had gone to a steak restaurant in Balham, south London, for the party as the girlfriend of publicist Neil Reading, who knew all three editors.

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