Case Law: Fearn and the Board of Trustees of the Tate Gallery, Emanations of the Tate, a “self induced incentive to gaze” is not nuisance – Athalie Matthews

28 02 2019

In the recent case of Fearn v  The Board of Trustees of the Tate Gallery ([2019] EWHC 246 (Ch)) the High Court analysed privacy rights from a novel perspective in both literal and legal terms. Read the rest of this entry »





Case Law, Australia: Cummings v Fairfax, Horse trainer’s claims scratched – Justin Castelan

27 02 2019

Anthony Cummings and his company, Anthony Cummings Thoroughbreds Pty Ltd, train horses. They sued Fairfax Digital, The Age, Fairfax Media and a journalist, Kate Leahy, in respect of 3 articles published online on 25 February 2010 and a poster advertising a front-page article published in the Sydney Morning Herald, also on that day. Read the rest of this entry »





Journalism vs Churnalism: The push for “quality marks” in online news – Zoe McCallum

26 02 2019

Within a week of one another came two reports on the future of journalism in an age of big tech: The Cairncross Review (on 12 Feb) and The Commons DCMS Committee Final Report into Fake News and Disinformation (14 Feb – but with its excoriating criticism of Facebook, anything but a Valentine to Mark Zuckerberg). Read the rest of this entry »





Law and Media Round Up – 25 February 2019

25 02 2019

This week The House of Commons Digital, Culture, Media and Sport Committee has published its final report on “Disinformation and ‘fake news’” [pdf].  We had a news post and some initial thoughts from Zoe McCallum. The report was widely covered in the media, including in the Guardian, the BBC and the Press Gazette. Read the rest of this entry »





Could Cairncross help public interest law reporting? – Judith Townend

24 02 2019

On the surface, the Government’s launch of a review into the sustainability of journalism was commendable but cynical onlookers were dubious from the outset. Given the fraught history of media policy-making and the large commercial media groups’ impressive lobbying clout, would smaller players be heard and would the review make recommendations that served a genuine public interest in the free flow of ideas and information? Read the rest of this entry »





Twins separated at birth: The re-convergence of data protection and freedom of information – Perry Keller

23 02 2019

The governance of decision-making algorithms is now a pressing issue across many fields of law and policy. Yet, given the technical opacity of advanced data analytics, finding ways to ensure meaningful transparency and sustainable accountability is currently, at best, a work in progress. Read the rest of this entry »





European Data Protection and Freedom of Expression After Buivids: An Increasingly Significant Tension, Part Two. The Analysis – David Erdos

22 02 2019

The outcome in Buivids draws significantly on long-standing CJEU jurisprudence.  Thus, as far back as 2003, Lindqvist had already stressed the broad material applicability of data protection in an online publishing context and also argued that the personal/household exemption was not applicable where “data are made accessible to an indefinite number of people” (at [47]). Read the rest of this entry »





European Data Protection and Freedom of Expression After Buivids: An Increasingly Significant Tension, Part One. The Decision – David Erdos

21 02 2019

On 14 February 2019 the Court of Justice of the European Union (CJEU) handed down its decision in Buivids, a case which pitted an amateur individual online publisher against the Latvian Data Protection Authority (DPA). Read the rest of this entry »





DCMS final report: Disinformation and “fake news”, Some initial thoughts – Zoe McCallum

20 02 2019

The final report of the Commons Digital, Culture, Media and Sport Committee on Disinformation and Fake News [pdf] was published on 18 February 2019. It is the product of an 18 month process – far in excess of the normal timeframe for Select Committee inquiries, involving 170 written submissions and 73 oral witnesses. Read the rest of this entry »





Morgan v Associated Newspapers: libel claim settled with apology, substantial charity payment and Statement in Open Court, Four lessons learned for libel practitioners – Matt Himsworth

20 02 2019

Steve Morgan C.B.E. is an impressive individual. As a young man in the 1970s working for Wellington Civil Engineering, a business that was going to the wall, he borrowed £5,000 and took over one of Wellington’s contracts to put sewers in in Penley, near Wrexham. Fast forward to 2019 and he retires from his business Redrow PLC this year with the housebuilding firm valued at £2.2 billion. Read the rest of this entry »