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Nicole Moreham: The Protection of
Privacy in English Private Law

The Protection of Privacy in English Private Law

"In one wide-ranging volume, Lambert and the country reporters demonstrate that law can not only keep up with technological change, but can in fact stay well ahead by anticipating upcoming questions. This comprehensive comparative reference will be invaluable for lawyers and students." (Professor Joshua Fairfield. Washington and Lee University School of Law, Review of a previous edition) Bringing together a global team of authors, the International Handbook of Social Media Laws covers the law relating to social media across 34 countries in total. From influential social media defamation cases in Australia, to tweeting from court, and regulations enforced by the UK's Online Safety Act 2023, this book clearly articulates the main legal issues and developments across various legal jurisdictions, to ensure a company's social media presence is fully compliant with the law of each country. The third edition has been fully updated to incorporate new criminal and civil case law, and covers topics including: - Online abuse, online bullying and cyberbullying laws - Laws or rules specific to children and social media - Bans or restrictions on the use of, or access to, the internet or social media, including the influential TikTok, Inc. v. Garland case in the US - Use of social media as evidence in courts - Hacking and data breach laws. Contributors to the volume each provide coverage of their own country, ensuring the volume is both authoritative and practical. Countries represented include: Argentina, Australia, Belgium, Brazil, Bulgaria, China, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Malta, Mexico, New Zealand, Norway, Senegal, Serbia, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States and Uruguay. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

International Handbook of Social Media Laws

Provides a radical reappraisal of the right to free speech by critiquing pre-existing theory and offers a novel reinterpretation of the right as a matter of theory and practice.

A Radical Restatement

Free Speech Theory

Upload filters promise automated internet regulation, but do they cross a line when it comes to censorship? Maximilian Schmidt's sharp interdisciplinary analysis dissects filter algorithms, constitutional and European Union law to ask: Do they merely regulate or actually control public discourse?

Uploadfilter: Zensur im 21. Jahrhundert?

Routledge Research in Information Technology and E-Commerce Law

This book analyzes questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom.Courts have intervened against unfair platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, Section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, "public accommodations" laws, and public utilities laws. Analyzing artificial intelligence (AI) regulation from the point of view of social-media and video-platform users, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or "shadow-banning".The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and AI law.

AI Censors and the Future of Freedom

Platform Neutrality Rights

Cambridge Intellectual Property and Information Law

Adventures in Childhood connects modern intellectual property law and practice with a history of consumption. Structured in a loosely chronological order, the book begins with the creation of a children's literature market, a Christmas market, and moves through character merchandising, syndicated newspaper strips, film, television, and cross-industry relations, finishing in the 1970s, by which time professional identities and legal practices had stabilized. By focusing on the rise of child-targeted commercial activities, the book is able to reflect on how and why intellectual property rights became a defining feature of 20th century culture. Chapters trace the commercial empires that grew around Alice in Wonderland, Peter Rabbit, Meccano, Felix the Cat, Mickey Mouse, Peter Pan, Eagle Magazine, Davy Crockett, Mr Men, Dr Who, The Magic Roundabout and The Wombles to show how modern intellectual property merchandising was plagued with legal and moral questions that exposed the tension between exploitation and innocence.

Intellectual Property, Imagination and the Business of Play

Adventures in Childhood: Volume 60

This book investigates the commercialisation of celebrity persona in the UK, New York, and California. Interviews with 68 practitioners across the advertising, merchandising, film, and video game industries provide insight on the differences in approaches across jurisdictions, as well as the similarities caused by non-legal factors. Furthermore, the book addresses the developments in technology, social media, and social norms that have made collaboration attractive to maintain favour with fans.


The book considers how the extension of passing off in the UK to include persona rights impacts the dispute resolution and transactional spheres involved in the commercialisation of persona. It compares the industry landscape to that of the US where the right of publicity has been recognised since 1953 and has gone as far as to protect 'identity'. The book argues that nonlegal factors significantly impact the commercialisation of persona across the jurisdictions and interact with the law to encourage permission-based behaviours. However, there remains a divergence in the dispute resolution sphere.


Anyone who is interested in the multi-million dollar business of celebrities as assets will benefit from this book.

Intellectual Property Law and Practice

Commercialising Celebrity Persona

In 1964 the Supreme Court radically altered its interpretation of the First Amendment of the U.S. Constitution. In the famed libel case, New York Times v. Sullivan, the Court ruled that public officials claiming to be victims of defamation would be held to a higher standard than ordinary citizens. They must prove not only that they were victims of defamatory falsehood, but also that their defamers acted with "actual malice" knowledge that their claim was false, or at least a reckless disregard for its truth or falsity. As a result of this ruling, newspapers cannot now be easily held liable for false defamatory statements about politicians, celebrities, or other public figures. Though many have heralded Sullivan as a landmark ruling in defense of First Amendment freedoms, in No Liberty to Libel, Carson Holloway argues that the Supreme Court erred dangerously in its interpretation of the Constitution. Holloway contends that the Court should revisit and reject the Sullivan doctrine. Holloway demonstrates that the Sullivan doctrine's two-tier system of libel law--with one standard for ordinary persons and another for the prominent--has no roots in the original understanding of the freedom of the press, or in the tradition of American law that prevailed for most of our history. This tradition held more simply and consistently that libel was an exercise not of liberty but of license, and hence outside the scope of the freedom of the press. A Supreme Court committed to interpreting the Constitution faithfully--that is, according to its text, original meaning, and historical understanding-- must reject New York Times v. Sullivan as a product of judicial policymaking untethered to the real meaning of the First Amendment.

The Constitutional Case Against New York Times V. Sullivan

No Liberty to Libel

Digital Media Law offers a practical guide to the law of media and communication, focusing on digital channels, models, and technologies. It draws together the aspects of media law that are most critical for those engaged in the production and distribution of digital media.

A Practical Guide for the Media and Entertainment Industries

Digital Media Law

Written by two journalists-turned-lawyers-turned-professors, the book demystifies complex legal concepts and explores real-world dilemmas surrounding online speech, privacy, cyber security, intellectual property, artificial intelligence and digital commerce.

Regulation of the Connected World

Cyber Law and Ethics

Routledge Critical Advertising Studies

This text examines the ongoing convergence of marketing and media across industries and formats and offers an authoritative analysis of branded content and forms of media-marketing integration.Drawing on the findings of the 3-year Branded Content Governance Project, this book outlines the expansion of branded content advertising from marketers, agencies, and media to include platforms, creators, and advertising technology (adtec). It charts the rapid take-up of artificial intelligence (AI) and machine learning tools, the role of platforms, and the expansion of actor-types across the creator economy. The authors define and analyse key concepts including polycentric governance, governance-in-practice, and ethics, and map 'problems' and 'mitigations' concerning branded content practices and governance.Providing an authoritative taxonomy for branded content advertising forms and formats, this book provides a guide for students as well as useful reading for researchers and advanced scholars of advertising and marketing communications.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.

Mapping the Media-Marketing Ecology

Schriften zum Recht der Digitalisierung

Jessica Hawighorst's study investigates whether and under what conditions artificial intelligence can be recognized as an independent legal subject. Focusing on the concept of the "electronic person" (ePerson), it examines the theoretical and doctrinal foundations of assigning legal personality to autonomous AI systems. The author combines systematic legal analysis with philosophical and constitutional reasoning, drawing on both German and European contexts, including the AI Act. The author discusses how the growing autonomy of AI systems raises questions of foreseeability, traceability, and responsibility for their actions. Central legal concepts such as "person," "subject," and "capacity" are critically reassessed, showing that legal subjectivity is a legislative construct within constitutional limits rather than an inherent property. Ethical and cultural considerations serve as guiding principles for determining the scope of potential AI personhood. The study concludes that while granting AI legal personhood is theoretically feasible and could clarify certain issues in contract and liability law, it is not currently necessary. Establishing such a framework would require significant legislative effort. The decision thus remains a matter of political and normative choice.

Eine Untersuchung von Zuerkennungsgründen für die "ePerson"

Rechtssubjektivität für Künstliche Intelligenz

In Bad Faith is the historical thriller where a subpoena, a newsroom, and a movement collide. In 1970, New York Times national correspondent Earl Caldwell--one of the first Black reporters hired to cover America's civil-rights flashpoints--was ordered to reveal what he had learned about the Black Panther Party behind the sealed doors of a federal grand jury. Convinced that testifying would destroy the trust he'd built and silence a vital source of truth, Caldwell refused--setting off a showdown that raced from Bay Area streets to the steps of the Supreme Court. Lee Levine tells this story as it unfolded: a Black journalist with rare access; a mostly white press struggling to cover Black communities; and a government--under J. Edgar Hoover and Richard Nixon--running COINTELPRO, a sweeping campaign to infiltrate, discredit, and break the Panthers while pressuring reporters who covered them. When United States v. Caldwell reached Washington, DC, the Justices issued a 5-4 ruling against the reporter and the First Amendment cause he championed--a landmark decision that still imperils press freedom today. Drawing on one-on-one interviews and once-secret FBI, Justice Department, and White House records, In Bad Faith reveals how legal tactics, surveillance, and media manipulation converged on a single reporter to test the nation's promises of equal justice and a free press. Levine's dynamic narrative showcases the dramatic events of the era and highlights the clash of race and power, and how that impacts who gets to tell America's story.

Earl Caldwell and the Fight for a Free Press

In Bad Faith

The Protection of Privacy in English Private Law

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