On 29 October 2018 Lord Speaker Lord Fowler issued a statement on parliamentary privilege. The statement comes in the aftermath of Lord Hain’s naming of Sir Philip Green despite an interim injunction being in place, relying upon parliamentary privilege.
There have continued to be a wide range of comments on the case including, the Press Gazette and The Injunctions Blog. On INFORRM we have commentary on the case itself by Persephone Bridgman Baker, on Lord Hain’s reasoning for disclosure by Tom Double and on this use of parliamentary privilege.
The Ministry of Justice has issued guidance to staff on supporting media access to proceedings:
- HMCTS media guidance (general)
- HMCTS media guidance – criminal court guide
- HMCTS media guidance – civil court guide
- HMCTS media guidance – family court guide
- HMCTS media guidance – tribunals guide
INFORRM had a comment on the guidance from the Transparency Project Blog.
The US legislature is currently undergoing a series of calls for a federal data privacy law; the implementation of a new privacy law in the state of California and the post-GDPR environment has prompted movement from stakeholders. Apple CEO Tim Cook, in a speech before the European Parliament on 23 October 2018, highlighted the need for federal regulation. Microsoft CEO Satya Nadella made similar pronouncements. The concern for many multi-state data-oriented business is that state-by-state regulation will create a “patchwork” of privacy and data protection legislation, making compliance difficult. Privacy Europe notes the developments and considers a pseudo-GDPR solution.
The Daily Mail has an article about the libel case of Burki v Seventy Thirty, entitled “The £12,000 dating agency that broke my heart”.
Internet and Social Media
Amid recent debate that the Government is considering establishing an independent internet regulator Ofcom Chief Executive Sharon White has supported Parliament codifying the regulation of social media platforms, stating that Ofcom should be considered as the online regulator for such content. The Press Gazette reports.
Data Privacy and Data Protection
The LSE Media Policy Project Blog has considered issues applicable to regulating children’s data online and proposes frameworks for implementing age-appropriate protections.
The PwC data protection blog has considered, in the post-GDPR environment, emerging trends and challenges from the appointment and role of Data Protection Officers. The Blog has also noted the accountability mechanism within the GDPR and consider its practical operation, particularly the impact upon innovation this may cause.
The IAPP has noted the lag in implementing the GDPR certification process, considers what the process will entail and its potential impact.
The BBC has highlighted concerns by the British Medical Association that GDPR compliance is causing too much bureaucratic pressure, potentially putting patient care at risk.
Pinsent Masons Out Law Blog has considered how the data protection “controller v processor” dynamic develops in the financial services industry.
The ICO has issued new GDPR guidance on the use of encryption and passwords when providing online services.
The Cyberleagle Blog has a concise analysis of potential reforms to the Investigatory Powers Act following critical jurisprudence of the UK surveillance regime over the past year.
MassPrivatel considers the increasing functionality of surveillance cameras to connect with other devices and its implications.
Newspapers, Journalism and Regulation
IPKat has considered the case of E.S. v Austria, Application No 38450/12, a case which claimed that an individual’s criminal conviction in Austria for disparaging religious doctrine contravened her Article 10 right to freedom of expression.
In an INFORRM post Demelza Hassani analyses recent findings of IPSO and the Advertising Standards Authority which highlight that complaints regarding sexual offences, domestic violence and women’s health are becoming more active.
The Press Gazette has reported that the Financial Conduct Authority’s acquired call logs made by journalist Geoff Foster, which were provided to its French counterpart, Autorité des Marchés Financiers (AMF). The AMF requested the records as part of its investigation into findings of insider trading against Foster.
Three rulings and a resolution statement have been published by IPSO’s Complaints Committee this week:
- Resolution Statement 04361-18 Osman and Kingstone v Mail Online, principle 1 (accuracy)
- 03863-18 Acharya v northamptonchron.co.uk, principles 4 (intrusion into grief or shock), 3 (harassment) and 2 (privacy), no breach after investigation
- 04216-18 Chapman v Daily Mail, principles 1 and 2, no breach after investigation
- 04418-18 Raphael v Daily Mail, principle 1, no breach after investigation
Statements in Open Court and Apologies
There were no statements in open court last week.
Last Week in the Courts
On 30 October 2018 Warby J heard an application for a determination of meaning and summary judgment in the libel case of Sean Price v MGN. Judgment was reserved.
On 1 November 2018, Warby J heard an application in the case of PTW v WTP. Judgment was entered for the defendant. The trial in this matter will not now be taking place on 5 November 2018.
On 2 November 2018 Warby J handed down judgment in the libel case of Doyle v Smith  EWHC 2395 (QB). The judge found for the claimant, rejecting the defendants arguments on meaning and public interest. Judgment was entered for damages in the sum of £37,500.
- Conference on trade secrets and algorithmic systems, November 16 – 17 2018, 8:30 – 15:30, Lipton Hall, D’Agostino Hall, 108 West 3rd Street, New York, NY
- Stanford internet and society lab – secret dockets, secret searches, 27 November 2018, 12:50 – 13:50, Room 320D, 559 Nathan Abbott Way, Stanford, CA
Media Law in Other Jurisdictions
Geoffery Rush’s defamation action against the Daily Telegraph continues, attracting ongoing coverage from a number of outlets as Rush himself and various witnesses testify. Rush is contesting a series of articles published by the Daily Telegraph stating Rush behaved inappropriately during productions. The Guardian provides background to the case and considers the cross-examination of Eryn Jean Norvill. The Daily Telegraph has applied to produce “vital evidence” from a new witness, Miss X. The judge will rule on this application next week.
On 27 November 2018 the Digital, Culture, Media and Sport Committee will conduct a hearing on the issue of fake news. Facebook CEO Mark Zuckerberg has been requested to give evidence, the Press Gazette reports.
Canada’s Privacy Commissioner released finalised guidance on how businesses may satisfy data breach reporting requirements.
Michael Geist continues to consider copyright reform in the context of income tax reforms to fund news outlets and regulations ensuring internet companies contribute appropriate levels of income tax.
Pogowasright notes that China may be exporting its digital surveillance technology to other countries such as Africa.
The Czech Defamation Law Blog has posted on the publication of the text “Fundamentals of Marketing Law and Intellectual Property Law in the Czech Republic”.
Fieldfisher has complied the French data protection regulator, CNIL’s, guidance.
The Hindustan Times considers why the criminalisation of defamation is too punitive and, in the #MeToo era, is damaging.
The Economic Times considers how India-EU data protection is legislated.
Applications for summary judgment have been filed in “Dr. Luke’s” ongoing defamation case against singer Kesha, the Hollywood Reporter notes. Kesha made against her former producer multiple allegations of impropriety and unprofessionalism, including rape, against her former producer which are now contested.
Research and Resources
- Regulatory Trends and Emerging Practices in Access to Customer Data, Portability and Data Sharing in the Financial Services Sector, Peter G Leonard, UNSW Business School
- Social Media Use and Viewpoint Discrimination: A First Amendment Judicial Tightrope Walk With Rights and Risks Hanging in the Balance, Marquette Law Review, Forthcoming, Kathleen Hidy, Xavier University – Williams College of Business
Next Week in the Courts
On 5 November 2018 there will be a statement in open court in the case of His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco v Elaph Publishing Ltd.
On the same day Julian Knowles J will hear an application concerning costs in the case of London Borough of Croydon v Dodsworth.
The following reserved judgments after public hearings in media law cases are outstanding:
Economou v Freitas, heard 17 and 18 April 2018 (Lewison, Ryder and Sharp LJJ)
Monir v Wood, heard 16 to 19 April and 3 to 5 July 2018 (Nicklin J).
Kennedy v National Trust for Scotland, heard 25 and 26 July 2018 (Sharp and Asplin LJJ and Sir Rupert Jackson).
Butt v Secretary of State for the Home Department, heard 17 October 2018 (Underhill V-P, Sharp LJ and Sir Rupert Jackson).
Price v MGN, heard 30 October 2018 (Warby J)
This Round Up was compiled by Suneet Sharma, a junior legal professional with a particular interest and experience in media law.