Sam McBrides expresses fears over libel veto

Daily Telegraph chief warns that national newspapers may no longer be sent to NI after Sammy Wilson's libel bill veto http://t.co/9fJZTQnbc9
— Sam McBride (@SJAMcBride) June 29, 2013

Read more here.

Daily Telegraph and other national publications hint at leaving Northern Ireland

Daily Telegraph hints at leaving NI over DUP libel reform block. http://t.co/2O2j0DM126
— Newton Emerson (@NewtonEmerson) June 28, 2013

Newton Emerson in the tweet above drew my attention to the report that the Daily Telegraph has hinted that it may leave Northern Ireland because of the old libel law regime. Newton Emerson also made an interesting and very Emersonian remark on Twitter: on this occasion, on the DUP's readiness to pursue publishers and social media users for libel damages:

Twitter users who named girl that ran away with teacher may have broken the law

Twitter users may have broken the law by naming the girl who ran away with teacher Jeremy Forrest. Read more in the Guardian here.

Mike Nesbitt to introduce new libel legislation, while Paul Tweed denies lobbying

'UUP leader to introduce fresh libel legislation': headline from Irish News (£), June 27 2013.

Paul Tweed denied suggestions that he lobbied the DUP on the non-implementation of the Defamation Act 2013, as you can read in the News Letter here.

Mike Nesbitt and retired part-time judge said that the wealthy are controlling the media through libel law, available here.

Stormont Committee says new libel law not needed

The Stormont Committee for finance and personnel has been told that reform of the antiquated libel laws is unnecessary by a high-profile libel lawyer reported the Belfast Telegraph.

The Defamation Act has been implemented into England and Wales (April 25 2013) to stop the UK becoming a hotspot for libel 'tourists', removing the presumption in favour of a trial by jury in defamation cases. Libel lawyer Paul Tweed expressed his opposition to the introduction of the new law into Northern Ireland, saying it was not required.

The Belfast Telegraph continued:

Another lawyer, Brian Garrett, said he did not favour rubber-stamping all Westminster legislation, but there were areas where it should apply and defamation was one of those.

Sinn Fein's Daithi McKay said he was open to the question of whether or not there should be a presumption for trial by jury, and to the possibility of a no-win, no-fee arrangement in defamation cases.

A final note from myself that recently came to me: the conditioning of journalism by power is a real and ongoing problem. It’s something Orwell absolutely understood in his 1946 essay, Politics and the English Language. So we need to be very wary.

Read the full Belfast Telegraph article, published June 27 2013 here.

Mediatorsni.com launches

Podcast: "The most expensive tweet in history?"

The law firm Duane Morris hosts another podcast on technology law issues with Duane Morris partners Jonathan Armstrong (London) and Eric Sinrod (San Francisco). In the podcast they share insights on developments where technology intersects with the law in the EU and the U.S. 

Listen to the podcast in full here.

CPS Publishes Full and Final Social Media Prosecution Guidelines

Social media users beware: you cannot tweet with impunity. Social media has made publishing vastly easier, but it has not made publishing responsibility free. And while the law was caught sleeping, it is now clear: the criminal and civil can come after you and hold you to account. Ignorance is no defense. So take note, read the guidelines, understand the law and inform friends and family and other social media users.

The CPS have published final guidelines on prosecutions and social media. Please read them carefully: http://t.co/hfCbb2P0Lx
— Jack of Kent (@JackofKent) June 20, 2013

Before going into the detail of the black letter law I want to do a quick recap of the events which have led up to the publication, June 20 2013 of this new legal document. [Or you can just scroll to the bottom of the page where I have indented what the full and final guidelines have said which gives YOU what YOU really need to know.]

After a number of calamitous decisions to prosecute social media users, including the famous #TwitterJokeTrial, the Director of Public Prosecutions Keir Starmer QC announced October 11 2012 that he would initiate a process towards creating social media prosecution guidelines after prosecutors expressed uncertainty about the existing law.

On October 17 2012 Keir Starmer QC suggested that 'Facebook and Twitter could need new legislation'. Keir Starmer then announced November 13 2013 at an Index on Censorship panel discussion that the publication of the interim guidelines on social media prosecutions was only weeks away.

Northern Ireland Social Media Guidelines to be published by the end of Summer 2013

Barra McGrory QC, Director of the PPS for Northern Ireland

On May 14 2013 we learnt through Niall McCracken on The Detail that the Northern Ireland Public Prosecution Service is drafting interim social media guidance specific to Northern Ireland.

However, no dates were given for when the Northern Ireland legal document would be published. Then coincidentally on June 20 2013, the Crown Prosecution Service for England and Wales published full and final social media prosecution guidelines.

Following the publication of full guidance in England and Wales I then asked the PPS when we can expect the publication of the interim social media guidelines for Northern Ireland. I received the following response from a PPS spokesperson:

"Northern Ireland guidelines are currently under development and it is anticipated that these will be published by the end of the summer."

When published, the interim guidance document will be accompanied by a period of public consultation. This will then lead on to either, full guidance or new legislation. It is highly unlikely that new law would be produced as there is enough on the statute book to prosecute mis-users as it currently stands.

Conall McDevitt of the SDLP said on Friday 22 2013 in a communication that he favoured social media prosecution guidance specific to Northern Ireland.

The PSNI are patrolling social media

The Detail has good coverage on the new policing habits of the PSNI in the new online world. Get some insights here.

DPP publishes full and final social media prosecution guidelines

June 20 2013, the CPS has published the full and final guidelines for social media prosecutions. The press release with a full list of links, relevant documents and guidelines can be seen here.

You can read the London Telegraph's write up here.

Olivia O'Kane responds - Should we be worried about libel Law?

In an article in the Ulster Business magazine, 'Libel law: should we be worried?' Olivia O'Kane responded at length:

"It should not have been a flat refusal. The NI assembly should at the very least reconsider halting the extension of libel reform to NI without having a proper, open and public consultation on the issue. There must be an open debate ominous NI about brining it back into line with the rest of the UK.  

The press are the eyes and the ears of society and watch as a public watchdog. Chilling press freedom of speech damages the public community at large.  

Belfast may lose 'libel capital of the world' title to Dublin, says Paul Tweed

I've discussed Paul Tweed twice before elsewhere, both here and here and the libel and media law specialist requires mention again.

On June 5 2013 Paul Tweed asked on the Huffington Post, Belfast or Dublin to Be the Next Libel Capital of the World? With the leader of the UUP working on his private members Bill which would bring legal parity with the rest of the UK, Northern Ireland's libel isolationism and the negatives and benefits it brings could be lost. Paul explains:

"Unfortunately, the newspaper had failed to show similar concern about the fact that Northern Ireland citizens have for many years been treated differently from their counterparts in the UK in terms of access to the libel Courts. Unlike the position in England, lawyers in Northern Ireland have in the past not been allowed to act on a "no win no fee basis", nor have After the Event (ATE) insurance premiums been recoverable, thereby making it even more difficult for the ordinary man on the street to obtain access to justice. 

Belfast High Court has issued 2 super injunctions in past 12 months

TUV Leader Jim Allister has established that in the past year a further 2 super injunctions have been issued by the High Court in Belfast.
— Stephen Walker (@StepWalkTV) June 13, 2013

More from Jim Allister who broke the news through an Assembly Question here.

"The growth of ‘super injunctions’ is a product of the courts being persuaded to prioritise privacy rights over freedom of expression and press rights within the Human Rights Act. I am far from convinced that this balance is weighted in the right direction, particularly where it is a facility which in practical terms is only likely to be available to those who can afford it. 

Since by their very nature such orders do not sit comfortably with the transparency expectations of modern society, it is, I believe, in the public interest that information about the number and lifting of super injunctions should be known."

More information from the BBC of what a super injunction is here and below:

Justice Minister Avoids Questions on Social Media

On may 20 2013 I put the following question to David Ford MLA in his capacity as Justice Minister for Northern Ireland:

1. Has sectarianism grown new legs through the misuse and abuse of social media? Are there effectively new online interface areas? 

2. What is the scale of the  challenge posed by social media to the PSNI? 

3. My figures obtained under FOI, relating to the number or social media incidents reported to the police, have shown exponential growth since 2010 - the number of prosecutions is also quote high. Therefore I ask, what guidelines are police using before:

i. Responding to reports of misuse and abuse
ii. Making an arrest following said report of misuse and abuse 

4. What standard are the prosecution services in Northern Ireland using before deciding to prosecute and individual?

5. What has changed since the February 5 2013 plenary session on social media regulation? 

6. Since February 5 2013 have you spoken with either Chris Grayling or Maria Miller? 

7. Of the options before you do you lean towards either: 

i. Tightening controls such as bringing in censorship measures?
ii. Bringing in new criminal controls as has been suggested by Pat Rabitte for ROI?
iii. Self-regulation and Educating people, especially young people in schools (as per here)? 

8. Do you intend to bring forward to Northern Ireland specific guidance for arrests and prosecutions relating to social media - or do you intend to use guidance produced by Keir Starmer (now stepping down from CPS)?

I received a response from the Office of the Justice Minister on June 12 2013. None of my questions were actually answered. And I won't have anyone suggest that I didn't ask them as presented above; so below is a screen grab of the original email I sent with relevant addresses redacted.

High Court Judge makes new Social Media Law (re: Breach of Court Injunctions)

Less than two weeks after the Hon. Mr Justice Tugendhat delivered judgment on the McAlpine v Bercow Twitter libel affair (see here and here), the UK's top media and libel judge has made new law and sent out another clear message to social media users.

Namely: the internet may have made everyone a  publisher, however the internet did not made publishing responsibility free. Therefore, don't say anything on social media you wouldn't say on a print newspaper.

This time round the message from the legal mill is a little more social media-user friendly. OK, to understand things we need to go back to here on Defero Law. In that post entitled, "Is Social Media Uncontrollable?" I talked about two men who posted images of the two men who killed Jamie Bulger. This was in breach of a court order; therefore there was a legal effect to their actions (see Social Media and the Law: Know Where You Stand, my blog on the Huffington Post).

The two men were originally convicted and handed down prison terms. Now this has changed. See tweets bellow from Adam Wagner.

TWITTER, READ THIS JUDGMENT! 2 men who shared Jamie Bulger killer pics get 9 month sentences suspended for 15 months bailii.org/ew/cases/EWHC/…
— Adam Wagner (@AdamWagner1) June 4, 2013

… Court says in future serious social media injunction breaches, unlikely jail sentences will be suspended. TAKE NOTE bailii.org/ew/cases/EWHC/…
— Adam Wagner (@AdamWagner1) June 4, 2013

Full judgement available below in tweet from the Judicial Office:

High Court judgment in HM Attorney General v Harkins & Liddle (breach of Venables/Thompson injunction) now available bit.ly/13CrlZj
— Judicial Office (@JudiciaryUK) June 4, 2013

This is another important step on the road to hammering out the law that governs activity on the social web. Just this time the judge has made new law that makes it clear what will happen if you publish comments online that breach a court order. And as Adam Wagner rightly said: "TAKE NOTE!"

This post originally appeared on the Twitter for Lawyers blog here.

Jo Glanville from the Campaign for Libel Reform slams the Stormont libel veto

Jo Glanville of the Campaign for Libel Reform is featured in the Irish News of June 4 2013, adding her voice to the strong dissent made by Michael Harris in the Belfast Telegraph the day previous. 

Facebook is to Tighten Controls on Hate Speech and other Misuse

Facebook blog post announcing the decision can be seen here. The BBC reported it here. Index on Censorship voiced fears about freedom of speech on BBC News. Hear some of the voices in support and in dissent of the decision by Facebook on Andrew Sullivan's blog The Dish here.

The McAlpine v Bercow High Court Hearing as it Unfolded on Twitter

Full stream of live tweets from (@JackofKent) who attended the preliminary hearing at the High Court in the case of Bercow v McAlpine. Full ruling by Lord Tugendhat here.

Today at 10.30am, ruling of High Court on whether #Bercow's "Why is Lord McAlpine trending? *innocent face*" tweet was defamatory at law.
— Jack of Kent (@JackofKent) May 24, 2013

Twitter is "inherently dangerous" says David Aaronivitch

The broadcaster and journalist David Aaronivitch (@DAaronovitch) has waded into the McAlpine/Bercow affair and has added his two cents to the debate. He's thrown up some interesting points and insights. Writing in the Times (full article here) the title and header where hard hitting, going like this:

Judge Tugendhat Sends Out Social Media Warning and Advice

From the Spectator quoting Lord McAlpine's solicitor here:

"In the meantime, vindicated Lord McAlpine’s solicitor sounds a clear and concise note: ‘Mr Tugendhat’s judgment is one of great public interest and provides a warning to, and guidance for, people who use social media."

This originally appeared on Twitter for Lawyers here.

"Mr Tugendhat’s judgment is one of great public interest"

From the Spectator quoting Lord McAlpine's solicitor here:

"In the meantime, vindicated Lord McAlpine’s solicitor sounds a clear and concise note:

"Mr Tugendhat’s judgment is one of great public interest and provides a warning to, and guidance for, people who use social media."

The Story of the Defamation Act in Northern Ireland (so far...)

The Press Gazette and other publishers recently suggested that the unilateral Sammy Wilson decision not to pass a 'legislative consent motion", which would have implemented in full the Defamation Act into Northern Ireland law, could hurt the devolved province. Lord Lester, the Liberal Democrat architect of the new libel law said the decision was a "very bad step" for the public.

The Good Law Initiative

Efforts are being made to simplify British legislation for the sake of people, businesses, politicians and even lawyers who struggle with incoherent and impenetrable law speak.

Read more in the Telegraph here.

Mike Nesbitt's draft Defamation (Northern Ireland) Bill in full

A former part-time judge Brian Garrett, the Ulster-born London barrister Austen Morgan and Jeffrey Dudgeon, chairman of the South Belfast UUP association all helped to draft the Defamation (Northern Ireland) Bill [as Introduced by Mike Nesbitt MLA (UUP)]

You can see the full text in the News Letter here.

Libel Reform Campaign letter to Stormont Committee

"I am writing on behalf of the Libel Reform Campaign regarding the Defamation Act 2013. The
Libel Reform Campaign was set up by Index on Censorship, English PEN and Sense About
Science to obtain major changes in the libel laws to better protect free expression. 

As you may know, the Minister of Finance and Personnel submitted a paper last May (2013) on adoption of the then Defamation Bill by the Northern Ireland Executive. By June, he had withdrawn the paper and without scrutiny by either the Assembly or the Executive, a decision was made by Mr. Wilson that the Defamation Bill would not be adopted by the Assembly.

Matt Bagott discusses Social Media and the Law in Northern Ireland (Alan Meban Interview)

Alan Meban, otherwise known as AlaninBelfast (@alaninbelfast) interviewed the Chief Constable of the PSNI Matt Bagott, in mid-April 2013 on social media and the rule of law. Here's what he asked:

Social media is a policing tool as well as a source of crime. Are we going to see a big increase in the number of arrests for online hate crimes and other offenses?

"I think social media gives people the opportunity to be foolish in the sense they don’t have to think so much about what they’re saying and the impact of that. How the law applies to social media is something that has had to be looked at in quite some detail in the past year. In England and Wales the Crown Prosecution Service only got to public guidance at the end of last year, 2012. So we’ve taken that guidance. 

At the moment what we’re doing is if we get what we think are offences being committed on social media we will report those to the Public Prosecution Service who will make the prosecutorial decisions. And we have prosecuted some people. But for what some people think is offensive, under the law may not be criminal, and that’s that gap. We’ve taken the guidance from England and Wales, the PPS are looking at that here at the moment, and where we do have overt offences we will pursue them but the laws not quite so straightforward as people think it might be."

Northern Ireland Law Society Talks Social Media

Compared to the Law Society in England and Wales and the one in Scotland, Northern Ireland's solicitor regulatory body has been pretty quiet on the matter and question of social media.

However it hasn't gone without mention and it appears that the Law Society in Northern Ireland is at least open to the idea of solicitors and law firms in Northern Ireland using and getting to grips with social media. How do I know this. Well because of an advertisement I found on Google that referred to a social media seminar for law firms to be hosted by the NI Law Society in June 2012.

The June 11 event was advertised here, and was hosted by the Law Society's Communication Officer, Paul O'Connor and Tim McKane of Belfast digital media agency, Novajo Talk.

Rising Number of Social Media Incidents in Northern Ireland - 73 in 2010, 1,541 in 2011, 2,887 in 2012

Read my analysis on eamonnmallie.com here. See the original document acquired under the Freedom of Information Act in full here. I acquired the information from the Chief Constable via the Justice Committee on February 19 2013.

Rising Number of Social Media Prosecutions in Northern Ireland - 152 in 2010, 142 in 2011 and 213 in 2012

Above is a screen grab of the excel document which gives a breakdown of the total number of social media prosecutions brought in Northern Ireland, in the year 2010, 2011 and 2012. You can see the full document here. This was accessed through the Freedom of Information Act.

The FOI document was acquired on February 15 2013.

Also, below is a breakdown of some of the specific offences and the specific law used to prosecute.

Matt Bagott explains his position on Social Media

Following correspondence with a Member of the Stormont Assembly, I acquired on February 11 a communications document from Chief Constable Matt Bagott which outlined the position of the PSNI in relation to the online world of social media.

"It is worthy of note that the Right to Freedom of Expression (Article 10 ECHR) is enshrined in UK law by virtue of The Human Rights Act 1998. Whilst this is not an absolute right the threshold to be reached for a prosecution is a high one. 

In recognition of the complexity of Social Media-based criminality, the Director of Public Prosecutions (DPP) for England and Wales, Keir Starmer, QC has issued interim guidance via the CPS. This guidance forms part of an ongoing consultation process on the future approach to tackling Social Media-based criminality. 

The DPP is recognised as a leading authority in Human Rights Law and was previously a Human Rights Advisor to the Policing Board. 

Within Northern Ireland the Public Prosecution Service (PPS) has not yet adopted formal guidance of their own, however they are content for the PSNI to work to that issued by the DPP. 

Social Media related incidents/crimes are relatively new so there is presently an inconsistent approach to the recording of same on police systems. Whilst a number of cases have been referred to the PPS none have reached the threshold for prosecution. We will of course continue to work closely with the PPS in respect of such matters and refer individual cases as and when all investigative strands are complete. 

Moving forward, and to return to the specific points within your question, discussions have taken place around identifying steps to enable some method to enable us to easily identify social media offences so to allow for details to be more easily captured/interrogated. However, at this stage work in this area has yet to commence."

Read the communication with Matt Bagott in full here.

The French Lurch Towards Social Media Censorship

These are interesting times for social media. In Dublin Fine Gael TD Tom Hayes seems to be toying with the idea of bringing in the legal control of online communications. In England and Wales the director of public prosecutions has played it cool and has put the matter out to public consultation.

At least 653 charged with Social Media Crimes in 2012

On December 27 2012 BBC Radio 4 News at 6 reported that at least 653 people have been charged with crimes relating to the social media sites Facebook and Twitter. The statistics were accessed by the Press Association News Agency under freedom of information legislation. The statistics themselves came from just over half of the legal forces from England, Wales and Scotland.

Paul Tweed talks about the Northern Ireland legal economy, international mediation and media law

In a feature on Ulster Business Magazine Paul Tweed talks about the state of the Northern Ireland legal economy and how his firm has prospered in tough times; international mediation and then his specialisation, media law.

You’d be forgiven for thinking one who does would be working behind a mahogany desk in a palatial office in Los Angeles or London, his every call screened by an army of assistants. 

Instead, Paul Tweed, the senior partner of Johnsons Solicitors, works from a functional building on Belfast’s Wellington Place, which, on the unusually hot day I meet him, has the windows wide open to the traffic noise below to keep cool. His direct line rings at regular intervals. He pours his own coffee. And the desk is so covered in papers I can’t guess what it’s made of, but I’d bet its not mahogany.

Massive libel settlement by blogger

From Feb 27 2012, read here.