The Sun recorded a loss of £68m last year amid falling print sales and the enormous cost of phone-hacking claims against its parent company. A total of £54m was spent on damages and legal costs.
The European Commission has published its plan for the regulation of AI. The Report covers issues of key risks, safeguarding, liability and legislative implications.
The Irish Data Protection Commission has released its Annual Report. It notes it has received 7,215 complaints since the GDPR came in effect.
Karwan Ali and Shokan Namiq, a couple who took the right to keep their baby on life support to the Courts, have lost their case to determine the matter. In the case it was commented how anonymity for doctors in cases of decision making surrounding life-support for babies should be preserved to avoid “media storm”. The Press Gazette reports.
Google is moving user data it processes to the US. Hawktalk has analysed the move and speculated over the implications for UK citizens.
Internet and Social Media
Former Culture Committee Chairman, Damian Collins MP, has described Facebook’s proposals for online content regulation as “too little too late”.
The decision in R (Miller) v (1) The College of Policing, and (2) The Chief Constable of Humberside  EWHC 225 (Admin) tackles police recording, retention and dissemination of information about individuals in relation to “non-crime” hate incidents. The Panopticon Blog has an interesting analysis of the case.
The backlash following a picture of a same sex kiss on Facebook, resulting in the case of Beizaras and Levickas v. Lithuania (Application no. 41288/15), has sparked conversation around approaches to same sex couples in Lithuania and the tackling abuse via social media. In an INFORRM post Ingrida Milkaite explores the ECtHR’s judgment in the case and the issue of hate crimes.
Data Privacy and Data Protection
The Cyberlaw Blog has highlighted the Trump administration’s efforts to undermine end-to-end encryption, a process which prevents law enforcement from obtaining messages even when subject to a warrant.
Max Schrems, privacy advocate, has filed a complaint against Amazon with the Hessian Supervisory Authority- Reuters reports.
In a Times Diary Jack Blackburn considers the issue of invasion of media privacy.
Workplace surveillance has come under scrutiny following the backlash against Barclays’ institution of a system which tracked employee’s time at their desks. Barclays has since scrapped the scheme. The BBC comments on workplace surveillance and the lawfulness of monitoring employees.
Newspapers, Journalism and Regulation
IPSO has published a single resolution statement since our last Round Up:
Statements in Open Court and Apologies
Last Week in the Courts
On 19 February 2020, Nicol J heard applications in the case of JKL v VBN. Judgment was reserved.
On 21 February 2020 Nicol J handed down judgment in the case of Hathi v Associated Newspapers. A copy of the judgment is not yet available.
3 March 2020, 17.30-19.00 Bringing Claims for mass data-breaches, BIICL, at Mischon de Reya.
12 March 2020, Media and Communications List User Group (“MACLUG”), Plenary Session, 4.45pm, Court 13 Draft Agenda [doc]
14 March 2020, Media Democracy Festival, Birkbeck University, Central London. Free registration tickets are now available.
30 September 2020, 5RB Conference, IET Savoy Place.
Media Law in Other Jurisdictions
The Independent Media Agencies Australia has launched, comprising of over 20 founding members. AdNews covers the establishment.
The Guardian has reviewed China’s media censorship. France
The Irish Times reports that three pilots who were found not to have defamed Ryanair have urged the Court of Appeal to uphold the jury’s decision.
The Irish News reports that Alliance Party councillor Sorcha Eastwood is to receive a substantial five-figure sum from a former DUP representative for falsely accusing her of being a “mouthpiece for the Provisional IRA”.
In an insightful piece The Conversation Africa considers how the media has been shaped under President Moi.
The Independent reports that former Nationalist Minister Giovanna Debono has been awarded €5,000 libel damages against against Kurt Farrugia as former editor of the now-extinct news portal maltastar.com in 2008.
The Shift has an article entitled “Harsh libel judgments are a disservice to journalism in Malta”.
Swiss local reports that the Swiss Federal Court has held that clicking “like” on Facebook on hateful content could amount to a crime
Research and Resources
- Perceived Threats to Privacy Online: The Internet in Britain, the Oxford Internet Survey, 2019, Grant Blank, University of Oxford – Oxford Internet Institute, William H. Dutton, University of Southern California, Julia Lefkowitz, Oxford Internet Institute, University of Oxford
- Retrievable Images on Social Media Platforms: A Call for a New Privacy Tort, Zahra Takhshid, Harvard Law School
- Digital Consent and Data Protection Law – Europe and Asia-Pacific Experience, Leon Trakman, University of New South Wales (UNSW) – Faculty of Law, Robert Walters, Victoria University, Bruno Zeller, University of Western Australia – Faculty of Law.
- Broadcasting in the Internet Age: Survival of the Fittest? Katharina Hoelck, Interuniversity MicroElectronics Center – IMEC – SMIT, Vrije Universiteit Brussel, Pieter Ballon, iMinds-SMIT, VUB.
- Perceived Threats to Privacy Online: The Internet in Britain, the Oxford Internet Survey, 2019, Grant Blank, William H. Dutton and Julia Lefkowitz, University of Oxford – Oxford Internet Institute, University of Southern California and Oxford Internet Institute, University of Oxford
Next Week in the Courts
On 24 February 2020 Saini J will hear an application in the case of Siddiqi v Aidiniantz.
[Update] On 26 February 2020, Nicol J will hear the PTR in Depp v News Group Newspapers. There is a 5RB news item about the case.
On 27 February 2020, Warby J will hear the PTR in the case of Aven v Orbis.
On 28 February 2020, Nicol J will hand down judgment in the case of JKL v VBN
The following reserved judgments after public hearings in media law cases are outstanding:
JKL v VBN, heard 19 February 2020, Nicol J
Sube v News Group Newspapers, heard 4 to 7 February 2020 (Warby J)
Canada Goose Retail v Persons Unknown. heard 4 and 5 February 2020 (Etherton MR, David Richards and Coulson LJJ)
Various Claimants v MGN, heard, 28 to 31 January 2020 (Mann J)
Dawson-Damer & Ors v Taylor Wessing LLP & Ors, heard 29 and 30 January 2020 (Floyd, Newey and Arnold LJJ)
W M Morrison Supermarkets plc v Various Claimants, heard 6 and 7 November 2019 (Lady Hale and Lords Reed, Kerr, Hodge and Lloyd-Jones)
Please let us know if there are other reserved judgments which should be added to this list.
This Round up was complied by Suneet Sharma a junior legal professional with a particular interest and experience in media, information and privacy law.