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Vol 24 No 8 Aug/Sept 2019

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Internet Law in Ireland


ISBN13: 9781526508010
To be Published: November 2019
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback
Price: £150.00



The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation, this book examines such issues as defamation, data protection, e-commerce and intellectual property.

This book examines key pieces of legislation such as the EU General Data Protection Regulation and Defamation Act 2009; forthcoming legislation such as the Harmful Digital Communications Act; and the EU ePrivacy Regulation, which aims to ensure stronger privacy rules for all electronic communications.

Ireland has the European headquarters of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter. As such, many of the key cases involving such firms are being played out in Irish courts, eg Schrems v Data Protection Commissioner.

Other key cases that this book considers are:

Data protection:

Savage v Data Protection Commissioner & Google Ireland [2016]/224CA/239CA (judgment of 9th February 2018) – the first Irish case to consider the seminal Google Spain judgment, in relation to the potential liability under data protection law of Google for the results generated by its search engine.

Defamation:

Monroe v Hopkins [2017] EWHC 433 – first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium. Also: Coleman v MGN [2012] IESC 20

Employment:

Barbulescu v Romania(ECHR Grand Chamber, 6 September 2017) – a significant judgment in relation to an employer's right to monitor the electronic communications of its employees, which overturned an earlier decision of the lower Chamber. Also: Reilly v Bank of Ireland [2015] IEHC 241

Copyright:

Sony Music v UPC [2016] IECA 231 – a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers.

Privacy/ Harassment:

CG v Facebook [2016] NICA 54 – Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments by one of its users post-notification that the alleged harassment was taking place.

Contract:

Meyer v. Uber Technologies, Inc. (US Court of Appeals, 16-2750-cv, 16-2752-cv, 17 August 2017) – a recent US Court of Appeal decision in relation to the prominence that must be given to terms and conditions when entering a contract via a mobile app. Also: Ryanair Ltd v Billigfluege.de GmbH/Ticket Point Reiseburo GmbH[2015] IESC 1

Subjects:
Irish Law
Contents:
1. INTRODUCTION
What is the internet?
Glossary of terms: IP addresses, Bulletin boards/ News forums/ User generated content etc.
Who has jurisdiction over online proceedings/ choice of law?
Liability of Internet Intermediaries

2. DEFAMATION
Introduction
The Tort of Defamation
Challenges of the Internet Age
Elements of Defamation
Publication
Meaning
Identification
Primary v Secondary Publishers
Online authors and Website Operators
Internet Intermediaries
Jurisprudence in Australia and New Zealand
ECtHR Jurisprudence
Defences
Premlinary Applications
Truth
Privilege
Qualified Privilege
Fair and Reasonable Publication on a matter of Public Interest
Honest Opinion
Innocent Publication
Offer of Amends
Apology
Consent
Defences in the UK and the US
E-commerce Regulations
Limitation of Actions
Reliefs
Damages
Injunctions
Jurisdiction
Jurisdiction
Forum non conveniens
Choice of Law

3. BREACH OF CONSTITUTIONAL RIGHTS
Privacy on the internet
Freedom of Expression
E-Privacy Regulations

4. DATA PROTECTION
Data controllers, processors, subjects
Irish legislation / Data Protection Commissioner
GDPR
Data retention/ erasure/right to be forgotten
Direct Marketing

5. CRIME
Fraud
Obscenity
Cyberstalking/ harassment/'revenge porn'
Cyber crime and security/ hacking/malware
Contempt of Court

6. EVIDENCE
Service via the internet
E-discovery
Norwich Pharmacal Orders
Search warrants
Anton Pillar orders

7. CONTRACTS
Offer/ Acceptance/ Consideration
Payments online
Type of contract
Jurisdiction/ Choice of law

8. E-COMMERCE
Advertising
Financial Services/ Bitcoins
Gambling
Taxation

9. INTELLECTUAL PROPERTY
Trade marks
Domain names
Passing Off
Copyright and infringement/ illegal streaming
Patents

10. COMPETITION LAW
Anti-competitive agreements, dominance, abuse

11. EMPLOYMENT
Employer liability
Privacy of employee
IT misuse
Health and Safety

12. PRACTICE AND PROCEDURE