Now that the legal term has ended, Inforrm is taking a winter break for a few weeks. We will have a some occasional posts over the next fortnight but the full normal service will be resumed until 11 January 2021.
This Week’s Round Up
Last Week in the Courts
On 14 and 15 December 2020 Jay J heard the trial in the case of Soriano v Forensic News LLC.
On 16 December 2020 the Administrative Court (Bean LJ and Warby J) handed down judgment in the case of Scottow v Crown Prosecution Service  EWHC 3421 (Admin). The appeal against a conviction under section 127(2)(c) of the Communications Act 2003 was allowed. The Daily Mail had a piece about the decision “Victory in the war on woke: Judges’ landmark ruling in case of mother who called trans woman ‘he’ on Twitter means freedom of speech DOES includes the ‘right to offend'”.
On the same day the Court of Appeal (McCombe, Peter Jackson and Dingemans LJJ) heard the appeal in the case of Tinkler v Ferguson. Judgment was reserved.
On 17 December 2020, Nicklin J held Case Management Conferences in 16 injunction cases brought by local authorities.
On 18 December 2020 Collins-Rice J gave judgment in the case of Shah v Up And Coming TV Ltd & Ors  EWHC 3472 (QB). The Judge held that the words complained of were not defamatory.
On the same day there was a statement in open court in the case of HRH Duchess of Sussex v Splash News read before Nicklin J.
Nicklin J also heard an application in Ward v Associated Newspapers.
Next Week in the Courts
Monday 21 December 2020 is the last day of the Michaelmas legal term. A number of reserved judgments will be handed down by Media and Communications judges:
- Sicri v Associated Newspapers, Warby J
- Bukhari v Bukhari, Julian Knowles J
- Day v Chivers, Collins-Rice J
Israel: “Israeli police require internet and cellphone providers to give them access to the online data of any website or anyone in Israel, as documents obtained by the newspaper ‘Haaretz’ and confirmed by sources with knowledge of the technology and its inner workings.”
Research and Resources
- Israel’s SIGINT Oversight Ecosystem: COVID-19 Secret Service Location Tracking as a Test Case, Amir Cahane, University of New Hampshire Law Review.
- Privacy and the Legalization of Mass Surveillance: In Search of a Second Wind for International Human Rights Law, Higher School of Economics Research Paper No. WP BRP 97/LAW/2020, Vera Rusinova and Aleksandra Pereverzeva, National Research University Higher School of Economics.
- Early GDPR Penalties: Analysis of Implementation and Fines Through May 2020, Josephine Wolff and Nicole Atallah, The Fletcher School of Law and Diplomacy, Tufts University and Tufts.
- Google as a de facto privacy regulator: Analyzing Chrome’s removal of third-party cookies from an antitrust perspective, Damien Geradin, Dimitrios Katsifis and Theano Karanikioti, Geradin Partners, Geradin Partners and Geradin Partners.
- Constitutional Right to ‘Correct’ Information in the Era of Fake News, Chanderkant Yadav Yadav and Ravi Singh Chhikara, University of Delhi, Campus Law Centre and University of Delhi, Campus
The following reserved judgments after public hearing in media law cases are outstanding:
Onwude v Dyer, heard 6-8 October 2020 (HHJ Parkes QC)
Wright v Granath, heard 15 October 2020 (Moylan, Singh and Popplewell LJJ)
B.C.Strategy UK Ltd v Keshet Broadcasting Ltd heard 17 November 2020 (Saini J).
Riley v Sivier, heard 11 December 2020 (Collins-Rice J).
Soriano v Forensic News LLC, heard 14 and 15 December 2020 (Jay J).
Tinkler v Ferguson, heard 16 December 2020 (McCombe, Peter Jackson and Dingemans LJJ).
Please let us know if there are other reserved judgments which we should be listing.
Inforrm: Round up of the Year
This year we have had 364 posts on Inforrm on a very wide variety of media and legal topics from authors from all areas of media law and all round the world. We have had 450,000 page views this year, more than half from the UK with the United States, India, Australia and the Philippines making up the rest of the top five.
Many thanks to all our readers for following the blog and our twitter feed. And thank you for the many positive comments we have had (and the constructive negative ones). Thanks also to everyone who has written for the blog.
As we have said many times before, Inforrm is intended to be a forum for debate and we welcome contributions from all points of view about issues concerning “media and law”. We can be contacted via the email address on the home page.
The top 10 posts in 2020 were as follows (in descending order):
- Case Report, Johnny Depp v News Group Newspapers, Days 7 and 8 of the Libel Trial
- South Africa: Fake news about Covid-19 now a criminal offence – Dario Milo and Johan Thiel
- Mail on Sunday’s Meghan Markle Defence: A Study in Poverty, Part 1 – Paul Wragg
- Mail on Sunday’s Meghan Markle Defence: A Study in Poverty, Part 2 – Paul Wragg
- The Good, The Bad and The Ugly of Social Media during the Coronavirus pandemic – Peter Coe
- Case Report: Johnny Depp v News Group Newspapers, Days 1 to 4, the Claimant’s Evidence
- Case Law: ZXC v Bloomberg LP, Court of Appeal upholds the privacy rights of suspects – Hugh Tomlinson QC
- Case Report, Johnny Depp v News Group Newspapers, Day 16 of the Libel Trial, the Claimant’s Closing.
- Case Law: Duchess of Sussex v Associated Newspapers, Allegations of wrongdoing struck out as irrelevant, complex and costly – Mathilde Groppo
- News: Supreme Court grants permission to appeal in Lloyd v Google LLC