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The first libel case in the new Supreme Court, Joseph v Spiller was heard on 26-27 July.
The case concerns Motown tribute act, the Gillettes, who sued after their former agent Jason Spiller posted on his website that the band were not professional and that they consider contractual terms and conditions to “hold no water in legal terms”.
William Bennett, representing Craig Joseph, a singer for the group who arranged their bookings, has argued that a “fair comment” defence should be rejected because the “comment” related to a false fact and no reference was made in the post to the truthful facts upon which the comment was based. In contrast lawyers for the agent, Spiller, contended that the false fact was not materially detrimental to Joseph and thus the defence should not fail. He further appealed to the justices to clarify and simplify the meaning of the “fair comment” defence, including renaming it “comment” to avoid misleading juries, since the defence protects both fair and unfair comments equally. A ruling, which could have serious effect on future definitions of fair comment, is expected in August or early September.
The Ecuadorian government commissioned a series of television adverts which accuse the private media of distorting the truth. Local reports claim that President Rafael Correa was deliberately portraying the private media in a negative light in anticipation of the final debate of the government’s telecommunications bill. The Inter-American Press Association (IAPA) claims that the new laws will foster prior censorship and authorise the state to commission a political organ with the power to punish the private media arbitrarily.
Paul Chambers is to appeal against his conviction for sending a threatening message on the social media site Twitter. The trainee accountant, 26, the tweeted “Crap! Robin Hood airport is closed. You’ve got a week and a bit to get your shit together, otherwise I’m blowing the airport sky high!” On 10 May Chambers was convicted in Doncaster Crown Court, prosecutors successfully argued that the message had a “menacing character”. The defendant’s appeal is being coordinated by solicitor Allen Green — better known as the blogger Jack of Kent.
The Sudanese government has prevented three opposition activists from leaving the country, they were due order to attend a Kampala conference organised by the International Criminal Court. The passports of Miriam Al-Mahdi, Mahmoud Saleh and Al-Bukhari Aljaali were confiscated by security forces. The International Criminal Court issued an arrest warrant for the Sudanese President Omer Hassan Al-Bashir in 1998, following allegations of genocide during the country’s bitter civil war.