On 19 April 2021 a joint statement in open court was read before Collins Rice J after Keith Wain and Julie Kelly accepted an offer of settlement in relation to the misuse of their private information in respect of the filming, making and multiple broadcasts of an episode of the television programme “Can’t Pay? We’ll Take It Away!” .
The couple also received a substantial damages payment, non-repeat undertakings in respect of the broadcast complained of and an agreement to pay their reasonable costs. There was a post on Inforrm and 5RB.
On 20 April 2020 the Court of Appeal (Vos MR, Sharp P and Warby LJ) handed down judgment Corbyn v Millett  EWCA Civ 567. The Court of Appeal held that, “the Judge’s decision on the fact/opinion issue represents an unobjectionable application of accepted principles to the undisputed facts of the case”. The appeal was dismissed. 5RB had a post.
The Press Gazette had a piece “Government obfuscation has become ‘art form’ – MPs and journalists say Freedom of Information not working”.
Actor John Alford is crowdfunding a High Court battle against News Group for unlawful intrusion. Byline Investigates had a piece.
As usual, updates on the Coronavirus guidance can be found on the Courts and Tribunal Judiciary.
Internet and Social Media
The Daily Mail has filed an anti-monopoly lawsuit against Google in the US, accusing the tech giant of “punishing publishers that do not submit to its practices” and effectively rigging ad auctions. The Press Gazette had a piece.
Yahoo had a news “Brian May says his TikTok career is over after he was banned from the site”.
Data Privacy and Data Protection
The ICO had a post “Data protection is an enabler for trust and confidence in the implementation of digital identity systems”.
The first major GDPR penalty notice appeal – Ticketmaster UK Ltd v Information Commissioner (EA/2020/0359/FP) – has been stayed by order of the First-tier Tribunal until 28 days after the handing down of judgment in civil litigation brought against Ticketmaster by some 795 Ticketmaster customers: Collins & Others v Ticketmaster UK Ltd (BL-2019-LIV-000007).
In November 2020, the ICO issued a penalty notice for breach of Articles 5(1)(f) and 32 GPDR in the sum of £1.25m. Ticketmaster appealed that penalty notice, on the basis that there had been no breach of the GDPR, that alternatively it was inappropriate to impose a penalty, and that in any event the sum was excessive. The Panopticon blog had a post.
DLA Piper Privacy matters had a post “EDPB Opinion on UK Adequacy: Strong Alignment but Challenges Remain”.
Biometric update had a post “European data protection regulator argues biometric surveillance restrictions not strong enough”.
The Economist had a piece “China’s domestic surveillance programmes benefit foreign spies”.
Newspapers Journalism and Regulation
The Press Gazette had a piece “Sunday Times editor apologises for report saying ‘secretly we rather enjoyed’ Prince Philip ‘slitty eyes’ gaffes”.
IPSO has published a number of rulings and resolutions statements since our last Round Up:
- 00062-21 Campbell v stokesentinel.co.uk, 1 Accuracy (2019), No breach – after investigation
- 29243-20 Delo v The Times, 1 Accuracy (2019), Resolved – IPSO mediation
- 28913-20 Garrity v The Times, 1 Accuracy (2019), No breach – after investigation
- 28854-20 Ross v The Sunday Times, 1 Accuracy (2019), Breach – sanction: action as offered by publication
- 28565-20 African Caribbean Care Group v manchestereveningnews.co.uk, 1 Accuracy (2019), No breach – after investigation
- 28530-20 Sayles v Daily Mail, 1 Accuracy (2019), No breach – after investigation
- 28396-20 Katarova v Mail Online, 1 Accuracy (2019), Resolved – IPSO mediation
- 28295-20 Sky Global Inc. v The Scottish Sun, 1 Accuracy (2019), No breach – after investigation
- 02850-19 Sharp v thescottishsun.co.uk, 1 Accuracy (2018), 2 Privacy (2018), 3 Harassment (2018), Breach – sanction: publication of correction
- 00235-20 Sharp v thescottishsun.co.uk, 1 Accuracy (2019), 2 Privacy (2019), 3 Harassment (2019), Breach – sanction: action as offered by publication
- 00234-20 Sharp v thescottishsun.co.uk, 1 Accuracy (2019), 3 Harassment (2019), 2 Privacy (2019), Breach – sanction: action as offered by publication
- 12001-20 A man v Thurrock.nub.news, 1 Accuracy (2019), Privacy (2019), Breach – sanction: publication of adjudication
There were 36 new cases issued in the Media and Communications List between 19 and 23 April 2021: 30 data protection cases, 4 defamation cases, one Norwich Pharmacal application and one injunction application.
Last Week in the Courts
As already mentioned, on Monday 19 April 2021 there was a Statement in Open Court in the case of Wain and Kelly v Channel 5 Broadcasting, before Collins Rice J.
As mentioned above, on Tuesday 20 April 2021, the Court of Appeal (Vos MR, Sharp P, Warby LJ) handed down judgment in the case of Millett v Corbyn  EWCA Civ 567 (heard 16 March 2021).
On the same day Collins Rice J heard an application for strike out/summary judgment in the data protection case of Rondon v Lexis Nexis Risk Solutions UK Ltd. Judgment was reserved.
On 21 to 23 April 2021, the trial of the case of Hijazi v Yaxley-Lennon was heard by Nicklin J. The trial continues. There were reports on the trial in the Byline Times by James Doleman: Day One and Day Two.
On 23 April 2021 Saini J handed down judgment in the case of Coker v Nwakanma  EWHC 1011 (QB) (heard 15 and 16 April 2021). The claim was dismissed.
Media Law in Other Jurisdictions
In the case of Murphy v Nationwide News Pty Ltd  FCA 381 criminal defence lawyer Chris Murphy was awarded damages of Aus$110,000. Lee J found that the plaintiff he had been defamed by a “gossipy and intrusive piece” in the Daily Telegraph. The Guardian had a piece.
The Guardian reported on Facebook facing a complaint under Australia’s Racial Discrimination Act that the company is not doing enough to moderate against hate speech. The Australian Muslim Advocacy Network (Aman) announced on Wednesday it had lodged a complaint under sections nine and 18(c) of the act with the Australian Human Rights Commission over what the group says is Facebook’s failure to rein in hateful speech on its platform.
The Calgary Herald had a news “High-profile wrestling coach drops defamation lawsuit against governing body, others’.
The Committee to Protect Journalist had an alert: authorities should dismiss a criminal defamation lawsuit against investigative journalist Jeremy McDermott, and Colombia should reform its defamation laws to align with international standards.
The Irish Times had a piece “How long will ‘prohibitive’ Irish defamation law remain unreformed?”.
NME had a piece “Kesha denied appeal of Dr. Luke defamation verdict after court rules he’s not a “public figure””.
The Committee to Protect Journalists condemned a decision by the Venezuelan Supreme Tribunal ordering the independent daily newspaper El Nacionalto pay the equivalent of more than $13 million in damages in a civil defamation lawsuit.
Research and Resources
- Prevailing Privacy and Security Technologies in Smart Cities, Tanishq Varshney, GGSIPU, Dwarka, Rajesh Singh, RTC Institute of Technology, Amit Kumar Rai, RTC Institute of Technology, Nikhil Sharma, HMR Institute of Technology & Management, GGSIP University Delhi , Bharat Bhushan, HMR Institute of Technology & Management
- Data Protection and Freedom of Expression Beyond EU borders: EU Judicial Perspectives in F. Fabbrini, E. Celeste, P. Quinn (eds), Data Protection beyond Borders. Transatlantic Perspectives on Extraterritoriality and Sovereignty, Hart, 2021, Oreste Pollicino, Bocconi University – Department of Law.
- Cybersecurity Capacity Maturity Model for Nations (CMM) 2021 Edition, Global Cyber Security Capacity Centre (GCSCC), University of Oxford – Department of Computer Science.
- Choice or Consequences: Protecting Privacy in Commercial Information, University of Chicago Law Review, Vol. 75, No. 1, pp. 109-135, 2008, Howard Beales, George Washington University – School of Business, Timothy J. Muris, George Mason University, Antonin Scalia Law School.
- Data Transfers after Schrems II: The EU-US Disagreements Over Dat Privacy and National Security, Vanderbilt Journal of Transnational Law, (2022) 55(1) forthcoming UNSW Law Research Paper No. 21-35, Monika Zalnieriute, University of New South Wales (UNSW) – Faculty of Law.
- A Struggle for Competence: National Security, Surveillance and the Scope of EU Law at the Court of Justice of European Union Modern Law Review (2022) 85(1) Forthcoming, UNSW Law Research Paper No. 21-34, Monika Zalnieriute, University of New South Wales (UNSW) – Faculty of Law.
- Private Largess in the Digital Age: Privacy Reich’s The New Propery, Touro Law Review, Vol. 36, No. 3, 2021, Raymond H. Brescia, Albany Law School
Next Week In the Courts
The trial in Hijazi v Yaxley-Lennon continues on 26 April 2021 before Nicklin J.
On Tuesday 27 April 201 the Court of Appeal (Sharp P, Henderson and Warby LJJ) will hear the appeal in case of Riley v Sivier. The appeal hearing will be live streamed on You Tube. The judgment under appeal is  EWHC 79 (QB).
On 26 April 2021 Freedman J will begin hearing the trial in the slander case of MUSST Holdings Limited -v- Astra Asset Management UK Limited and another
On 28 and 29 April 2021 the Supreme Court will hear the appeal in the case of Lloyd v Google.
On 28 April 2021 Nicklin J will hear an application in the defamation case of Gwilliam v Freeman
The following reserved judgments after a public hearing are outstanding:
Rondon v Lexis Nexis Risk Solutions UK Ltd, heard April 2021 (Collins Rice J)
Kumlin v Jonsson, heard 24 and 25 March 2021 (Julian Knowles J).
Junejo v New Vision TV Limited, heard 24 and 25 March 2021 (Murray J)
Miller v College of Policing and another, heard 9 and 10 March 2021 (Sharp P, Haddon-Cave and Simler LJJ)
Lachaux v Independent Print, heard 22 and 24 February and 1 March 2021 (Nicklin J)
Wright v McCormack, heard 16 and 18 February 2021 (Julian Knowles J)
Desporte v Bull, heard 9 February 2021 (Julian Knowles J)
Spicer v Commissioner of Police for the Metropolis, heard 1 to 5 February 2021 (Julian Knowles J).
Please let us know if there are other reserved judgments which we should be listing.
This Round Up was compiled by Nataly Tedone who is a media and entertainment paralegal.
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