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Ask an Attorney: The GDPR’s ‘right to be forgotten’ and its applicability to Texas newspapers

The European Union’s (EU) General Data Protection Regulation (GDPR) is a comprehensive data privacy and security law that imposes an array of obligations onto organizations that target the European market and collect personal data related to people residing in the EU. Article 17 of the GDPR, also known as the “right to be forgotten,” is one of its key provisions, allowing EU individuals to request that organizations delete their personal data if they no longer want it to be held and processed.

By MALLIKA DARGAN and GAVIN GEORGE, Haynes and Boone, LLP

Defamatory statements in letters to the editor

This column is written by Paul Watler, Jackson Walker LLP.

Q: How do I recognize a defamatory statement in a letter to the editor? What if non-print and other media have in effect published the same defamatory statement? 

Ask an Attorney: Responding to requests to take down content

In the digital age, somebody’s worst moment can be the first result a Google search returns on them, potentially forever. Increasingly, news publishers are being asked to take down content that the person making the request wants the world to forget. Whether the profession of journalism—the self-proclaimed “first draft of history”—should be in the business of unpublishing yesterday’s news presents thorny practical, ethical, and even existential dilemmas.

By CHIP STEWART, Texas Christian University, and DEBORAH L. DWYER, Reynolds Journalism Institute

Avoid legal and ethical traps related to photographs on social media

Q: Are there any legal or ethical restrictions on a newspaper publishing a photo from a social media post?

First Amendment Protections for Journalists Covering Protests

The killing of George Floyd and the ensuing civil unrest have placed journalists at the center of large-scale protests and demonstrations across the United States, including in major metropolitan centers throughout Texas.  In the course of covering these protests, many journalists have found themselves in harm’s way, and members of the press corps have been assaulted, detained, or arrested in the line of duty.

Political advertising and social media

The Texas Ethics Commission recently revised rules regulating disclosures in online political advertising. Among other changes, the new rule exempts political advertising shared or re-posted on social media by persons other than a candidate or political committee from general requirements to disclose the message as political advertising and to identify the candidate or person responsible for the ad.

By Paul C. Watler

Ask a lawyer: Can I run that cannabis ad?

By DAVID H. DONALDSON, JR.

Appeals Court Finds Texas’ Retraction and Anti-SLAPP Statutes Work in Harmony to Protect and Promote Free Speech Rights

A Houston court of appeals recently sided with media defendants regarding the relationship between Texas’ retraction statute (known as the Defamation Mitigation Act “DMA”) and the Anti-SLAPP statute (known as the Texas Citizens Participation Act “TCPA”). 

By Wesley D. Lewis, Associate, Haynes and Boone, LLP 

‘The Litigation Exception:’ A strange creature of darkness in government

Section 552.103 of the Texas Public Information Act—the “litigation exception”—is a uniquely strange exception to “prompt” disclosure of public information. Generally, it permits a governmental body to withhold information “relating to litigation of a civil or criminal nature” in which the government is, or may become, a party, viewed as of the date a requestor asks for the information.

Know the state's rules before launching drones in Texas

ASK AN ATTORNEY:

Q: “How do the new FAA rules on the use of drones affect Texas newspapers? I thought we had a state law that pretty much prohibits use of drones for media photography.”

A: The journalism world celebrated this summer when the Federal Aviation Administration enacted its long-awaited drone rules, clearing the way for the use of unmanned aerial systems (UAS or drones) for newsgathering.

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