Robin Callender Smith's research while affiliated with Centre for Commercial Law Studies and other places

Publications (6)

Article
Developing case law in relation to Norwich Pharmacal discovery litigation – coupled with the Supreme Court’s Phillips v Mulcaire decision about compelled interviews - shows a clear and distinctive trend towards protecting a broad range of intellectual property rights that may be damaged or infringed by unauthorised downloading or hacking. Statutory...
Article
A general 'news' tag around which to hang the publication of celebrity ‘out-and-about’ pictures can trump ECHR Article 8 privacy rights with the Article 10 right to impart information. The fact that such pictures were not taken surreptitiously can also be an important factor in the proportionality balancing act between the two rights.
Article
A criminal libel trial in 1911 set the monarch against one of his subjects. Edward Mylius repeated a rumour that accused King George V of marrying Queen Mary when – secretly – the King had previously married someone else and had three children. The criminal charge, the process used to bring the issue to court, the advice to the King of the relevant...
Article
Joined Cases C-509/09 and C-161/10 eDate Advertising GmbH v X and Olivier Martinez v MGN Limited, Court of Justice of the European Union (Grand Chamber), 25 October 2011.
Article
The development of the concept of privacy in English law has been heavily influenced by the existence of two mature and specialist areas of law. Libel law has traditionally focused on reputational privacy. Equitable remedies, such as breach of confidence, have broadened to protect seclusional privacy. These two areas of law – now developing through...

Citations

... 131 They mainly concern the conflict between an intellectual property right (especially copyright, but also trademark rights) 132 and freedom of expression or the public's right to information. 133 However, there is also a growing number of decisions on the intersection of IP rights with the right to privacy and data protection, 134 freedom to conduct a business, 135 a balance of the concerned interests and fundamental rights positions with consideration of the principle of proportionality. 143 The second step would serve as a corrective, in order to prevent heavy losses for the right-holder. ...
... For LaMay (2003) privacy issues represent a gap between what journalism ethics says professionals should do and what the law mandates. Everything from watchdog journalism and privacy (Darko, 2020); the relationship between press freedom, libel laws and reputational privacy (Smith, 2011); press freedom, hacking and privacy (Dawes 2014) to how privacy and freedom of expression need not come at the expense of each other as far as journalistic practice is concerned (Lever, 2015); to the implications for privacy of using social media as a source (Gross, 2017) have been covered. These are of course, but a few examples. ...