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 ( 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.
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
Data Privacy and Data Protection
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.
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.
IPSO has not published any new rulings in October.
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
As we have already mentioned, on Wednesday 2 October 2019, the Court of Appeal handed down judgment in the case of Lloyd v Google ( 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  EWHC 2569 (QB). The order was published on the judiciary website.
- 12 October 2019, Irish Supreme Court Review(ISCR), hosted by the School of Law, Trinity College Dublin
Media Law in Other Jurisdictions
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.
China’s data protection regime Measures on Online Protection of Children’s Personal Data has come into force, Pogowasright has commentary.
Turkey;s data protection authority has fined Facebook $280,000 for failing to have adequate data protection safeguards in place.
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
- The Road to Responsibilities: New Attitudes Towards Internet Intermediaries, Daithi Mac Sithigh, Queen’s University Belfast – School of Law.
- Judicial Development of EU Fundamental Rights Law in the Digital Era – A Fresh Look at the Concept of ‘General Principles’ General Principles of EU Law and the EU Digital Order, edited by Sybe de Vries and Ulf Bernitz (Kluwer Law International 2020), Forthcoming, Oxford Legal Studies Research Paper No. 54/2019, Dorota Leczykiewicz, University of Oxford.
- Bad Actors: Authenticity, Inauthenticity, Speech and Capitalism, University of Pennsylvania Journal of Constitutional Law, Forthcoming. Sarah C. Haan, Washington and Lee University – School of Law.
- Privacy and the Action for Breach of Confidence in Singapore – ANB v ANC, (2018) 22 Media & Arts Law Review 244, Benjamin Wong, National University of Singapore (NUS) – Faculty of Law.
- Data Protection’s Composition Problem, European Data Protection Law Review (EDPL), Vol. 5, Iss. 3 (2019) (Forthcoming), Aaron Fluitt, Aloni Cohen, Micah Altman, Kobbi Nissim, Salome Viljoenand Alexandra Wood, Institute for Technology Law & Policy, Boston University – Hariri Institute for Computing, School of Law, Massachusetts Institute of Technology (MIT) Libraries, Georgetown University – Department of Computer Science, Harvard University and Harvard University – Berkman Klein Center for Internet & Society.
- The Problem of Platform Law: Pluralistic Legal Ordering on Social Media, Molly K. Land, University of Connecticut School of Law
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 [£]
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.