Defamation

In February 2015, we were instructed by the owner and manager of a reputable rental and property management business which started trading in February 2001 in Jalon, Alicante, Spain regarding a case of online defamation/harassment. The D had set up a website with a disparaging name similar to our client’s.

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Internet Slander

Internet slander is when a person or a group of people use the Internet to falsely vilify; libel; slander; spread malicious gossip and/or to harass others. They usually do it either to gain a competitive advantage or to settle a score or through pure malevolence due to envy. These people have established certain patterns of behaviour. Below are a few tips in dealing with Internet slander should you have the misfortune of becoming a victim.

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Google Glass

According to a recent article on the Mashable website 72% of Americans have privacy concerns over Google Glass. The main objections to Google Glass are not its massive price tag – $1,500 before tax – or the bad press that some of its users have been getting, it’s privacy concerns.

According to a report released by Toluna – a market research organisation – 72% of Americans don’t want to wear Google Glass due to privacy concerns. Potential users are concerned about security breaches revealing personal data and geo-location data. There was also a perception that the glasses would interfere or distract the wearer from concentration leading to potential safety issues including susceptibility to crime.

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Right to be forgotten

The right to be forgotten is the development of the previous article in this library on the new data protection regulations (the “Regulations”) refers to the Regulations being in place by 2014 currently that forecast would be optimistic. Viviane Reding (European Commissioner for Justice, Fundamental Rights and Citizenship) the driving force behind the Regulations, has succeeded in getting the Regulations approved by the European Parliament.

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Court litigation

Have you received a Claim Form (Form N1) or a a Part 8 Claim form (N208) claiming product liability negligence or breach of contract relating to your website terms and conditions or requesting the disclosure of an IP address or customer information? Alternatively, you may wish to bring a claim for breach of contract, online defamation of character or online harassment. Here are 5 useful tips if you are ever involved in civil litigation.

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Bloggers Defamation

Bloggers Defamation

The following is a recommended bloggers defamation code of ethics by Daniel J. Solove, Associate professor, George Washington University Law School

1. People should delete offensive comments quickly if asked.

2. People should ask permission before speaking about others private lives.

3. Someone who speaks about another’s private life without her consent should take steps to conceal her identity.

4. People should avoid posting pictures of other people without getting their consent.

5. People should avoid Internet shaming.

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Internet defamation jurisdiction

Internet defamation jurisdiction

The following is a very useful Internet defamation jurisdiction case:

Internet defamation jurisdiction – C-68/93 Fiona Shevill and others v. Presse Alliance SA

(Reference for a preliminary ruling from the House of Lords) (Brussels Convention – Article 5(3) – Places where the harmful event occurred – Libel by a newspaper article).

The European Court of Justice in considering the meaning of ‘where the harmful event occured’ held as follows:

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Super injunctions are not the battleground between free speech and privacy

Super injunctions are not the battleground for free speech as they have been portrayed as being in the mass media. None of the recent cases have been about the media flouting the rules on what is in the public interest to publish.

In actual fact the issues were about information which the courts have ordered to be protected ending up on Wikipedia or Twitter. Recent press coverage does not relate to super-injunctions but anonymised injunctions.

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Internet behavioural advertising

In order to understand the controversy regarding privacy and data protection and Internet behavioural advertising, it is necessary to consider the marketing concept and philosophy. At the very core of marketing is customer satisfaction, `the Customer is King`. Please see Kotler, Philip, and Gary Armstrong. Principles of Marketing. 8th ed. Upper Saddle River, NJ: Prentice Hall, 1999. In Contemporary Issues in Marketing and Consumer Behaviour, Elizabeth Parsons and Pauline Maclaran the following excerpt elucidates the importance of data to the core marketing concept:

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Privacy

Data Protection Privacy Lawyers

Data Protection Privacy Lawyers review the revised ePrivacy directive that amends the:

Directive 2002/58/EC on privacy and electronic communications, which will be implemented on the 25 May 2011.

Essentially, the amendments are designed to bring improvement to the transparency and protection of privacy and personal data of Europeans in the online space.

The areas concerned are security breaches, spyware, cookies, enforcement of the rules and spam. The key changes:

1. Crossborder cooperation is improved with the UK information commission.

2. Anybody including an ISP will be able to bring legal proceedings against spammers.

3. Reinforcement of protection against data attributes and interception of user`s communications through (e.g. spyware & cookies) have been strengthened through the opt-in mechanism. In other words, explicit consent must be obtained before a website stores, collects, or uses data relating to users.

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