Links to journals that are great to include for critical analyse. I achieved a First on this paper by including these as it showed wider reading and a better understanding of the topic.
Making sense of proprietary algorithms and user behaviour on social media: Arlene Foster
v Christian Jessen.
Comms L. 209
Page 2 – agreed that publishing a tweet to approximately 311,000 followers was clear that
publication was on a very large scale.
Page 3 - Arlene Foster v Christian Jessen is a good case for reasoning which can influence
similar courts who are seeking guidance to determine user behaviour as finding of fact when
using social media.
£120,000 damages for Mr Lachaux of Defamation Act s.1 fame for serious failure of
responsible journalism
Page 2 – Warby J dismissed the defendant’s claim that he did not name the claimant and
therefore was not referring to him, which he elaborated could not therefore cause serious
harm. This was rejected.
The second issue, under s.4, was the defendants’ actual state of mind at the time of
publication. As Nicklin J noted, this element of the defence is not established by
demonstrating that a reasonable person could have believed that the publication was in the
public interest. The defendant must prove that s/he did believe that publication was in the
public interest. A failure to do so will mean the defence will fail.
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