swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Media - From: 1993 To: 1993
This page lists 10 cases, and was prepared on 02 April 2018.
Bradley v Wingnut Films Ltd [1993] 1 NZLR 415
1993
Gallen J
Torts - Other, Media, Land
(New Zealand High Court) The plaintiffs complained that a relative's tombstone was depicted in a satiric film set in part in a cemetery, and containing a significant degree of gore and violence. The tombstone was never shown in its entirety, appearing for 14 seconds only, and it was not possible to read any writing on the tombstone. Held: The tombstone could not be identified by viewers. Moreover, there was nothing to connect the action in the film with the tombstone. A child may have a right of residence with her parents, but does not have a sufficient interst in the land to bring an action for trespass. There was however a tort of invasion of privacy involving public disclosure of private facts, but the disclosure, to be actionable, must be highly offensive and objectionable to a reasonable person of ordinary sensibility.
The infliction of emotional distress which is recognised by the authorities requires proof of something more than a transient reaction of emotional distress, regardless of initial severity.
1 Cites
1 Citers
Regina v Central Criminal Court ex parte The Telegraph Plc [1993] 1 WLR 980; (1994) 98 Cr App R 91
1993
CACD
Lord Taylor CJ
Media, Criminal Practice
The court considered the effect of a jury trial in balancing pre-trial prejudicial publicity. Lord Taylor CJ said: "In determining whether publication of matter would cause a substantial risk of prejudice to a future trial, a court should credit the jury with the will and ability to abide by a judge's direction to decide the case only on the evidence before them. The court should also bear in mind that the staying power and detail of publicity, even in cases of notoriety, are limited and the nature of a trial is to focus the jury's minds on the evidence put before them rather than on matters outside the courtroom."
Contempt of Court Act 1981 4(2)
1 Cites
1 Citers
In re Manda; CA 1993 - [1993] Fam 183; [1993] 1 FLR 205
Secretary of State for the Home Department v Central Broadcasting Limited; 1993 - [1993] EMLR 253
Director of Public Prosecutions v Channel 4 Television Company Limited and Another; 1993 - [1993] 2 ALL ER 517
Regina v Broadcasting Complaints Commission, ex Parte Granada Television Ltd Times, 31 May 1993; Independent, 04 June 1993
31 May 1993
QBD
Judicial Review, Media
The Commission had not been unreasonable in taking the view that a broadcast had infringed the privacy of the subject of the complaint. Judicial Review was not available against BBC for infringement of privacy.
Broadcasting Act 1990 143 (1) - Broadcasting Act 1983
1 Citers
Regina v Taylor (Michelle Ann) Regina v Taylor (Lisa Jane); CACD 15-Jun-1993 - Times, 15 June 1993; Independent, 15 June 1993; (1994) 98 Cr App R 361
Regina v Secretary of State for Health, ex parte Gallaher and others (Judgment); ECJ 22-Jun-1993 - Times, 28 June 1993; C-11/92; [1993] EUECJ C-11/92
Re Guardian Newspapers and Others; CACD 20-Sep-1993 - Times, 26 October 1993; Ind Summary, 20 September 1993
Informationsverein Lentia Etal v Austria Times, 01 December 1993; 13914/88; 15041/89; (1993) 17 EHRR 93
1 Dec 1993
ECHR
Human Rights, Media
A prohibition on the setting up and operating of a broadcasting station is capable of being violation.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 14+10; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings 13914/88; 15041/89; 15717/89; 15779/89; 17207/90
European Convention on Human Rights 10
1 Citers
