The International Forum for Responsible Media Blog

Month: October 2010 (Page 5 of 5)

Case Law: BBC v HarperCollins and others – “The Stig”

The reserved judgment in the “Stig” case was handed down by Mr Justice Morgan yesterday in the Chancery Division of the High Court.  The judgment, BBC v HarperCollins and others ([2010]EWCA 2424 (Ch)), is available on Bailii.

On 17 August 2010 the BBC issued an application for an interim injunction seeking to restrain three Defendants from disclosing confidential information, including the identity of the Stig, the racing driving engaged by BBC in the programme Top Gear. The Defendants were not named in the Claim Form and the substantive hearing for the interim injunction was heard in private on the 31 August and 1 September 2010. Continue reading

News: California Governor signs anti-paparazzi law

California’s Governor Arnold Schwarzenegger has in the last few days signed new legislation AB 2479 (as amended in Senate) into law. This is the most recent bill authored by Speaker Emeritus Karen Bass.  The new law creates new claims and new remedies  for invasion of privacy and increases the penalty for false imprisonment and reckless driving by paparazzi . It comes  into effect on 1 January 2011. Continue reading

Matrix Media Update – 2 October 2010

This is a Media Law Update covering the fortnight prepared by the Legal Information Team at Matrix Chambers, which they have kindly agreed to make available to readers of Inforrm.

Latest Cases

DFT v TFD [2010] EWHC 2335 (QB) – 27 Sep 2010 The case concerned a blackmail case in which a woman was threatening to make public private and confidential information concerning a sexual relationship with the claimant unless she was paid very substantial sums. The injunction was granted restraining publication of the private information and the judge also ordered anonymity and made an order prohibiting the reporting of the fact of the order had been made. Continue reading

News: Van Morrison obtains a privacy injunction

On 1 October 2010 the singer Van Morrison was granted a privacy injunction against the “News of the World” by the High Court in Northern Ireland.   Mr Justice Gillen held that a proposed article and photographs went “beyond the margin or appreciation allowed to a free press“, describing them as an “unacceptable intrusion“.   The proposed article included details about Mr Morrison’s home, its value, layout and furnishing, together with the input into its management by businesswoman Gigi Lee. Continue reading

Opinion: “Reviving the ‘Flitcroft heresy’ – does freedom of expression require an economically viable press?” Antony White QC

Gary Flitcroft

In the well known Gary Flitcroft case (A v. B plc [2003] QB 195) a married Premier League footballer failed in his attempt to obtain orders restraining a national newspaper from publishing stories about his sexual encounters with two women who wished to sell their stories. The decision of the Court of Appeal (Lord Woolf CJ, Laws and Dyson LJJ) has proved controversial in part.  However, much of the Judgment of the Court is orthodox and of continuing application and importance.  In particular, the explanation at [4] of the way in which the rights protected by Articles 8 and 10 have been absorbed into the long-established action for breach of confidence was approved by Lord Nicholls in Campbell v. MGN Limited [2004] 2 AC 457 at [17] Continue reading

Report: “Exposed: Tate Modern Symposium on voyeurism, privacy, censorship and surveillance”

On 22 September 2010 the Tate Modern staged an “art-law” symposium, in conjunction with its “Exposed” photography exhibition. The title of event was “Voyeurism, privacy, censorship & surveillance“.    It brought together lawyers and artists in the exhibition gallery with talks by Lord Hoffmann, artist Alison Jackson, Max Mosley and Henry Porter.   The discussion, chaired by Charles Haddon-Cave, ranged from privacy, via the nature of celebrity to the surveillance state.  The most interesting element, from the Inforrm point of view, was the discussion of privacy and the media by Lord Hoffmann and Mr Mosley. Continue reading

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