The LSE Truth, Trust and Technology Commission has released its report “Tackling the Information Crisis [pdf]”. The Report focuses on how to curtail misinformation and “fake news” whilst promoting reputable journalistic outlets.
A core recommendation is the establishment of an Independent Platform Agency, a watchdog for platform self-regulation and legislative reform. We had posts on this report from Professors Charlie Beckett and Sonia Livingstone. The Press Gazette has commented on the Report’s publication focusing on its suggestions that technology companies be subject to a levy to finance regulation.
The High Court has quashed a decision to refuse the journalist Michael Segalov accreditation to attend the Labour Party conference in 2017 ( EWHC 3187 (Admin)). There is a report on the decision in the Press Gazette.
The Lord Chief Justice’s Annual Report 2018 has been published and covers issues including judicial morale, media portrayal of the judiciary, establishment of the Media and Communications List and preparations for the continued administration of justice post-Brexit. The Transparency Project has considers excerpts from the Report focusing on similar matters, particularly those within its family law remit.
The Chief Justice of Ireland, Mr Justice Frank Clarke, announced on Saturday 17 November 2018 that a new Practice Direction will be issued providing guidance on the use of social media and digital devices in the courts. The Press Gazette has coverage of the statements, which focus on ensuring the integrity of ongoing cases is maintained and social media and mobile use is limited to lawyers where necessary.
Facebook’s pledge of £4.5m to support local journalism in the UK has been critiqued by Verdict and in an INFORRM post by Brian Cathcart.
The BBC has a news story about the recent case of Doyle v Smith entitled “Caddington Village News blogger sued for libel over fraud claims”
Lexisnexis has conducted an interview of Brett Wilson Managing Partner Ian Wilson discussing the issues around using parliamentary privilege to undermine injunctions, using the recent incident involving Lord Hain as a case study.
Internet and Social Media
Secretary of State for Digital Culture, Media and Sport Jeremy Wright delivered a speech at the ISPA UK Parliament and Internet Conference on 20 November 2018. The speech covers the continuing development and implementation of the Government’s Digital Charter.
Utilizing technology and the issues this presents, a broad topic, has been analysed by Stanford’s Cyberlaw Blog, which provides a pragmatic view on the issue of technological regulation.
The Children’s Commissioner’s report on the impact of social media on children’s mental health has been analysed by ITV News via a Facebook Live Chat.
The Telegraph analyses the development of blockchain, also designated “the internet of value” and the implication of such rapid growth.
In October 2018 Twitter banned deadnaming and misgendering in a move providing greater recognition of trans rights. Newshub has noted the debate this has prompted regarding issues of free speech and Twitters Terms of Service.
Data Privacy and Data Protection
Regulation 2018/1725 of the European Parliament and of the Council of 23 October 2018 has been published. The Regulation addresses the processing of personal data by EU institutions and has been covered by the IAPP.
Hawktalk has covered Britain’s Draft Withdrawal Agreement from the European Union critiquing it for its lack of depth in ensuring that the free flow of data is maintained.
On INFORRM Alex Cochrane has covered Various Claimants v WM Morrison Supermarkets PLC  EWCA Civ 2339 and the issues that arise from the case regarding employer’s vicarious liability for employee’s data breaches.
Mischon de Reya’s Data Matters Blog has considered the issue of data theft in the life sciences industry.
Donnees Personnelles has published a template confidentiality agreement along with insightful practical guidance as to entering into such agreements. Please note that this is under French law.
The ICO is conducting further research into the implications of Artificial Intelligence on data privacy following its appointment of Dr Reuben Binns, as a Postdoctoral Research Fellow in Artificial Intelligence.
The New York Times has covered the Chinese Government’s attempts at internet censorship.
Newspapers, Journalism and Regulation
The FT editor Lionel Barber delivered the James Cameron memorial Lecture at the City University on 22 November 2018, “Too big to fail: free speech and the future of financial journalism”. The Press Gazette has published the full text.
In an INFORRM-repost Mark Bradley speculates as to the future of journalism and how outlets must ensure they tailor their approach to news publishing to readers, not shareholders.
Four rulings and five resolution statements have been published by IPSO’s Complaints Committee this week:
- IPSO has found the Thurrock Independent breached the Code on privacy ground by publishing a woman’s bank details alongside a fly-tipping video, the Press Gazette reports. See, 04680-18 Cosentino v Thurrock Independent.
- 01735-18 Chandler v The New European, provisions 1 (accuracy), breach with the sanction of a correction by the publication
- 02176-18 Chandler v Mail on Sunday, provision 1, breach after investigation
- 04419-18 Muslim Council of Britain v The Times, provision 1, no breach after investigation
- Resolution Statement 04791-18 Legatum Institute Foundation v The Times, provision 1, resolved directly with publication
- Resolution Statement 05955-18 Atherton v. thesun.co.uk, provision 2 (harassment), resolved via IPSO mediation
- Resolution Statement 06689-18 Murray v The Daily Telegraph, provision 1, resolved via IPSO mediation
- Resolution Statement 06690-18 Murray v Daily Mirror, provision 1, resolved via IPSO mediation
- Resolution Statement 06733-18 Bishop v Bucks Free Press, provision 1, no breach
Statements in Open Court and Apologies
We are not aware of any statements in open court in the past week.
Last Week in the Courts
On 19 November 2018 Nicklin J heard the second PTR in the privacy case of ZXC v Bloomberg. The reporting restrictions order was continued. The case is listed for trial this week.
On Wednesday 21 November 2018 the Court of Appeal (Lewison, Ryder and Sharp LJJ) handed down judgment in the case of Economou v Freitas (heard 17 and 18 April 2018). The appeal was dismissed ( EWCA Civ 2591). We will publish a case comment shortly.
As already mentioned, on 23 November 2018, the Administrative Court gave judgment in the case of R (Segalov) v Chief Constable of Sussex  EWHC 3187 (Admin)
- Stanford internet and society lab – secret dockets, secret searches, 27 November 2018, 12:50 – 13:50, Room 320D, 559 Nathan Abbott Way, Stanford, CA
- Internet & Digital Media Law Conference 2018, London, 5 December 2018
- Protecting the Media Conference, London, 4 December 2018
- What happened to the “golden era of free speech”?, 6 December 2018, 16:00 – 17:00, Marine’s Memorial Club & Hotel, 609 Sutter Street, San Francisco, CA
Media Law in Other Jurisdictions
In the case of Scott v Baring  WASC 361 the Court assessed libel damages following a default judgment in the total sum of A$140,000. The claim concerned a number of Facebook posts.
The Hugh Stephens Blog has a post entitled “Fair Use or Fair Dealing? The Debate Continues ‘Down Under’”.
The Hugh Stephens Blog has a post entitled “Canada’s Notice and Notice Regime: the End of Speculative Invoicing (It won’t be missed)”
Michael Geist considers how to sustainably finance journalism, advancing a framework of tax incentives opposed to a subsidisation model.
Geist has also posted an extensive series of posts analysing the fair dealing exception to Canadian copyright laws. Parts One and Two consider policy issues whereas Three and Four consider the educational use of copyrighted materials:
- Misleading on Fair Dealing, Part 1: Access Copyright’s Inconsistent Claims on the Legal Effect of the 2012 Fair Dealing Reforms
- Misleading on Fair Dealing, Part 2: Why Access Copyright’s Claim of 600 Million Uncompensated Copies Doesn’t Add Up
- Misleading on Fair Dealing, Part 3: Data Shows Books Are Rapidly Declining as Part of Coursepack Materials
- Misleading on Fair Dealing, Part 4: The Shift from Coursepacks to Digital Course Management Systems
In the case of Sellman v Slater (No.6)  NZHC 3075 Palmer J refused an application by the Whaleoil blogger Cameron Slater to exclude hacked documents from consideration. There was a news report on Newsroom.co.nz.
The internet cases blog has covered the case of Benson v. Double Down Interactive, LLC, 2018 WL 5921062, a case which analysed the enforceability and sufficiency of the terms of service utilized by a gaming app.
The Guardian has analysed coverage of allegations the President Trump has connections with Russia and has determined that a new reporting model is required to ensure members of the public can be accurately informed.
Research and Resources
Data Protection and Data Privacy
- Cybersecurity of the Person, Jeff Kosseff, United States Naval Academy, Cyber Science Department
- Developing a European Standard for International Data Transfers after Snowden: Opinion 1/15 on the Eu‐Canada Pnr Agreement, Monika Zalnieriute, University of New South Wales
- Taking Proportionality Seriously: The Use of Contextual Integrity for a More Informed and Transparent Analysis in EU Data Protection Law, Audrey Guinchard. University of Essex – School of Law
- General Data Protection Regulation (GDPR) – Its Effect on Non-EU Member States (Nigeria), Niji Oni & Co, Niji Oni & Co
Internet and Social Media
- Policy Initiatives to Address the Problems Faced by Internet & Social Media Users in Relation to Online Harassment in India, Pakistan, Bangladesh & Cambodia, Tharaka Amarasinghe, LIRNEasia
- The Evolution of Regime Imaginaries on the Chinese Internet, Angela Xiao Wu, New York University (NYU) – Department of Culture and Communication
Next Week in the Courts
On 27 November 2018 Nicklin J will hear the trial in the privacy case of ZXC v Bloomberg. The case is listed for 3 days.
The following reserved judgments after public hearings in media law cases are outstanding:
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).
Nugent v Willers, heard 13 November 2018 (Privy Council)
Lachaux v Independent Print, heard 13 and 14 November 2018 (UKSC)
This Round Up was compiled by Suneet Sharma, a junior legal professional with a particular interest and experience in media law.