Inappropriate Content in UK Law

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Leading Cases
  • Bunt v Tilley
    • Queen's Bench Division
    • 10 March 2006

    Of course, to be liable for a defamatory publication it is not always necessary to be aware of the defamatory content, still less of its legal significance. Editors and publishers are often fixed with responsibility notwithstanding such lack of knowledge. On the other hand, for a person to be held responsible there must be knowing involvement in the process of publication of the relevant words. It is not enough that a person merely plays a passive instrumental role in the process.

  • Reynolds v Times Newspapers Ltd
    • House of Lords
    • 28 October 1999

    7. Whether comment was sought from the plaintiff. He may have information others do not possess or have not disclosed. An approach to the plaintiff will not always be necessary.

  • Derbyshire County Council v Times Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 19 February 1992

    In two issues of the Sunday Times newspaper on 17th and 24th September 1989 there appeared articles concerning share deals involving the superannuation fund of the Derbyshire County Council. The Council is the "administering authority" of its superannuation fund under the Superannuation Act 1972 and the regulations made thereunder.

  • Loutchansky v Times Newspapers Ltd (No. 2)
    • Court of Appeal (Civil Division)
    • 05 December 2001

    The interest is that of the public in a modern democracy in free expression and, more particularly, in the promotion of a free and vigorous press to keep the public informed. The corresponding duty on the journalist (and equally his editor) is to play his proper role in discharging that function. Unless the publisher is acting responsibly privilege cannot arise.

  • Berkoff v Burchill
    • Court of Appeal (Civil Division)
    • 31 July 1996

    It is trite law that the meaning of words in a libel action is determined by the reaction of the ordinary reader and not by the intention of the publisher, but the perceived intention of the publisher may colour the meaning. In the present case it would in my view be open to a jury to conclude that in the context the remarks about Mr Berkoff gave the impression that he was not merely physically unattractive in appearance but actually repulsive.

  • Sir Kevin Barron MP and Another v Caven Vines
    • Queen's Bench Division
    • 01 June 2016

    I have added the numbering in this passage, which identifies the three distinct functions performed by an award of damages for libel. I have added the lettering also to identify, for ease of reference, the factors listed by Sir Thomas Bingham. Some additional points may be made which are relevant in this case:

  • Andrea Davison v (1) Sameh Habeeb (2) Peter Eyre and Others
    • Queen's Bench Division
    • 25 November 2011

    However, pending notification it cannot possibly have the slightest familiarity with the notices posted, because the notice board contains such a vast and constantly growing volume of material. On that analogy, it ought not to be viewed as a publisher until (at the earliest) it has been notified that it is carrying defamatory material so that, by not taking it down, it can fairly be taken to have consented to and participated in publication by the primary publisher.

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Legislation
  • Transport (Scotland) Act 2019
    • Scotland
    • Tuesday January 01, 2019
    ... ... (4) In determining the content of the national transport strategy, the Scottish Ministers must have ... with provision made under or by virtue of this Part are inappropriate in all the circumstances of the case, or ... (d) (d) developments in ... ...
  • United Kingdom Internal Market Act 2020
    • UK Non-devolved
    • Wednesday January 01, 2020
    ... ... of subsection (3) is to be determined with regard both to the content of the requirement and to the way in which it operates, or is ... particular interest of a member of an OIM task group, it is inappropriate for that person to remain a member of the group ... ...
  • Defamation Act 1996
    • UK Non-devolved
    • Monday January 01, 1996
    ... ... a person having editorial or equivalent responsibility for the content of the statement or the decision to publish it; and ... disposal of the claim against another defendant would be inappropriate; ... ...
  • Equality Act 2010
    • UK Non-devolved
    • Friday January 01, 2010
    ... ... the nature and content of the statement; ... that, having regard to the circumstances in its area, it is inappropriate for section 163 to apply, and ... ...
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Books & Journal Articles
  • Content in institutional repositories: a collection management issue
    • No. 25-6/7, August 2004
    • Library Management
    • 300-306
    Many libraries are facing the challenges to develop and manage an institutional repository. This paper addresses the issue of content in repositories, and suggests that librarians need to approach ...
    ... ... It is argued that this is inappropriate.Electronic accessThe Emerald Research Register for this journal isavailable atwww.emeraldinsight.com/researchregisterThe current issue and full text ... ...
  • Principle of proportionality as a threat to criminal-law-related fundamental rights
    • No. 14-3, September 2023
    • New Journal of European Criminal Law
    • 0000
    The article argues that the principle of proportionality—a legal tool widely used for balancing competing rights—can be perceived as a threat to criminal-law-related fundamental rights, i.e. mainly...
    ... ... : in some instances ‘inserting’proportionality into the content of fundamental rights might beinappropriate, i.e. dogmatically flawed and ... 71Claiming the contrary would mean thatthe results of an inappropriate design of the criminal justice system (or practical malfunctioning ofit) ... ...
  • Principle of proportionality as a threat to criminal-law-related fundamental rights
    • No. 14-3, September 2023
    • New Journal of European Criminal Law
    • 0000
    The article argues that the principle of proportionality—a legal tool widely used for balancing competing rights—can be perceived as a threat to criminal-law-related fundamental rights, i.e. mainly...
    ... ... -bidi:bidi-override;-moz-font-feature-settings:"liga" 0;}.t:after{content:'';}.t:before{content:'';display:inline-block;}.t ... 71Claiming the contrary would mean thatthe results of an inappropriate design of the criminal justice system (or practical malfunctioning ofit) ... ...
  • Police Crime and Less-Than-Lethal Coercive Force: A Description of the Criminal Misuse of TASERs
    • No. 14-1, March 2012
    • International Journal of Police Science and Management
    • 0000
    This study explores and describes the nature and character of cases involving the criminal misuse of TASERs by police officers through a content analysis of newspaper articles. The news-based conte...
    ... ... Journal ... TASERs by police officers through a content ... Bradford W. Reyns , PhD, is an assistant pro- ... analysis of ... were arrested for crimes involving inappropriate ... focuses on victims of crime, especially the inter- ... use ... ...
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Law Firm Commentaries
  • Viewer Discretion Is Advised – UK to Apply Film Ratings to Music Videos
    • LexBlog United Kingdom
    The British Board of Film Classification (BBFC), the body long responsible for providing ratings on theatrical films in the UK, recently launched a voluntary pilot program designed to protect child...
    ... ... pilot program designed to protect children from watching inappropriate content whereby music videos would receive film-style age ratings, quite ... ...
  • Ofcom Issues Guidance For Video-sharing Platforms To Protect Users
    • Mondaq UK
    ... ... suspending platforms which allow hate speech and inappropriate ... content to be displayed ... The new guidance states that platforms ... ...
  • Ofcom Issues Guidance For Video-sharing Platforms To Protect Users
    • Mondaq UK
    ... ... suspending platforms which allow hate speech and inappropriate ... content to be displayed ... The new guidance states that platforms ... ...
  • UK Parliament Passes a Sweeping and Controversial Online Safety Bill
    • LexBlog United Kingdom
    The UK Online Safety Bill was passed by Parliament earlier this week and is expected to soon become law through royal assent. The Online Safety Act (UK OSA) will impose a series of sweeping obligat...
    ... ... a series of sweeping obligations, including risk assessment, content moderation, and age assurance requirements, on a variety of online ... and take additional measures in relation to harmful and age-inappropriate content. Other Notable Safety Requirements The UK OSA will also require ... ...
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