Law and Media Round Up – 7 October 2019

7 10 2019

This has been a busy week for media law news with Duke and Duchess of Sussex bringing claims against the three largest newspaper groups. On Tuesday it was announced that the Duchess, Meghan Merkle, has has brought an action for misuse of private information, breach of copyright and data protection against the Mail on Sunday.

On Friday it was disclosed that the Duke, Prince Harry, has brought phone hacking claims against the Mirror and the Sun. and The Guardian, IP Kat, Press Gazette, Mischon de Reya and Hacked Off have coverage.

On 2 October 2019 the Court of Appeal handed down a landmark judgment in the case of Lloyd v Google ([2019] EWCA 1599) holding that “loss of control” damages can be awarded for breaches of data protection duties and that claims for such damages can be brought in a “representative action” under CPR 19.6. This was widely discussed in the legal and non-legal press with comments on The Panopticon Blog, Legal Futures, the DLA Piper website.

On 3 October 2019 the CJEU handed down judgment in the case of Eva Glawischnig-Piesczek v Facebook Ireland Limited (Case C-18/18) which deals with the taking down of content by Facebook and Article 15 of the E-Commerce Directive. It was held that Facebook may be responsible for the worldwide removal of defamatory comments.  There were posts on the Panopticon Blog and Lexology and extensive coverage in the press  including the Guardian and the Irish Times.

On 4 October 2019 Warby J made a Group Litigation Order in the case of Weaver and others v British Airways, arising out of last year’s data breach.

The Law Society Gazette and Legal Cheek report that Dechert LLP partner Neil Gerrard is suing a corporate surveillance firm for damages.  The claim form and particulars of claim are available on Lawtel [£].

On 3 October 2019  the UK and US signed a landmark Data Access Agreement, enabling greater collaboration between the countries law enforcement agencies in relation to criminal activities.

Internet and Social Media

WEAU has considered social media’s impact on law enforcement.

Data Privacy and Data Protection

The IAPP reports on a data breach at Words With Friends, exposing over 218M users personal data,

CNET considers how proprietary rights to data would be negative.

Surveillance

The Guardian has considered how the increasing use of facial recognition software is symptomatic of surveillance state.

The TED Blog covers the recent development in surveillance technology and its implications.

The MIT Technology Review has a piece analysing how to remove surveillance programmes.

The Brennan Center has explored the elements of foreign intelligence surveillance.

Newspapers, Journalism and Regulation

The New York Times has an in-depth piece on the flaws with freedom of speech rights.

IPSO

The Press Gazette reports on a successful accuracy complaint against the Sun under the IPSO Code made by Prince Harry and Megan Markle.  The ruling can be found here.  The Sun’s refusal to correct a front page story with a front page correction was, once again, upheld by IPSO.

The IPSO Blog has covered how the Editor’s Code applies to social media use.

Rulings

IPSO has not published any new rulings in October.

Anonymity Orders

An anonymity order [pdf] was made in the case of BVG v LAR on 2 September 2019.

An anonymity order [pdf] was made in the case of LXS v Mervyn Conn on 19 September 2019.

Both orders are published on the judiciary website under CPR 39.2(5)

Last Week in the Courts

On Monday 30 September 2019, Nicklin J handed down judgment in the case of A v Rakoff [2019] EWHC 2525 (QB).  We had a case comment from Brett Wilson.

As we have already mentioned, on Wednesday 2 October 2019, the Court of Appeal handed down judgment in the case of Lloyd v Google ([2019] EWCA 1599).  The defendant was refused permission to appeal to the Supreme Court but is expected to renew its application before that Court.

On 4 October 2019 Pepperall J handed down a judgment in respect of a without notice non disclosure order made in the case of SOJ v JAO [2019] EWHC 2569 (QB). The order was published on the judiciary website.

Events

Media Law in Other Jurisdictions

Australia

ABC news has a piece about the success of the plaintiff in the Full Court of South Australia in the case of Poniatowska v Channel 7.  There was also a piece on the Indaily website.

Canada

In the case of Hamlin v. Kavanagh, 2019 ONSC 5552 the Ontario Superior Court of Justice refused dismissed an application by the defendant under the Strategic Lawsuit Against Public Participation provisions in s. 137.1(3) of the Courts of Justice Act.

Michael Geist has a post on how Canada’s political parties have been looking to implement wireless taxes.

China

China’s data protection regime Measures on Online Protection of Children’s Personal Data has come into force, Pogowasright has commentary.

Singapore

Singapore’s fake news law has come into effect, the Guardian comments as does CNN.

South Africa

Media Update sheds light on South Africa’s social media laws in a series of FAQ’s.

Quartz considers social media and internet blocking by the government.

Turkey

Turkey;s data protection authority has fined Facebook $280,000 for failing to have adequate data protection safeguards in place.

United States

Talks of a federal privacy law continue in the United States, the New York Times reports. Nevada’s new privacy laws came into force on 1 October 2019, Lexology highlights.

The D.C. Circuit Court of Appeals has issued a finding on the challenge to the FCC’s net neutrality appeal, the Stanford Center for Internet and Society has explored the finding as has the Verge.

Singer Arianna Grande is suing Forever 21 and Riley Rose for use of her likeness, IP Harbour comments.

The Data Protection Report has considered New York’s Breach Law Amendments.

Internet cases considers the case of Stackla, Inc. v. Facebook Inc., No. 19-5849, 2019 WL. The case highlighted that the Court will not aid a company which was banned from accessing the Facebook API.

Research and Resources

Next Week in the Courts

On 7 October 2019 there will be a trial in the case of Roundshield Partners LLP v Ciudad Real International Airport SL & ors   before Mr Justice Griffiths. The trial is listed for 4 days. Days.  The claim is for expenses or damages in relation to a potential loan and damages for defamation.  The claim form and particulars of claim can be found on Lawtel [£]

Judgments

The following reserved judgment after a public hearing in a media law case is outstanding:

Sadik v Sadik, heard 2 April 2019 (Julian Knowles J).

Please let us know if there are other reserved judgments which should be added to this list.

This Round Up was compiled by Suneet Sharma, a junior legal professional with a particular interest and experience in media law.


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