On Tuesday 5 December 2023 there was a hearing before Fancourt J in the case of Various Claimants v NGN dealing with consequentials following the settlement of all the claims listed for hearing in January 2024.

The former Liberal Democrat Cabinet minister Chris Huhne accepted a six-figure sum from the publisher of The Sun and News of the World in settlement of a phone-hacking and intrusion claim. In a statement outside court, Huhne accused named executives of targeting him with the aim of destroying a vocal critic of the media multinational owned by Rupert Murdoch. Inforrm and Hacked Off have more information.

Other celebrities, including Spice Girl Melanie C, comedians Catherine Tate and Keith Allen and radio presenter Chris Moyles, have received “substantial damages” and public apologies from NGN, the Press Gazette reports.

On 8 December 2023, judgment was handed down in The Duke of Sussex v Associated Newspapers Ltd [2023] EWHC 3120 (KB). The claimant’s application to strike out and/or obtain summary judgment on the defence of honest opinion relied on by ANL was denied. The case will proceed to trial. The BBC, Independent, Spectator and iNews are some of the many outlets to cover the recent ruling.

Internet and Social Media

Meta has announced the launch of end-to-end encryption by default for Facebook and Instagram messaging. Fully encrypted messages have raise concerns that child predators’ illegal activity on social media could be protected. Meta said in its announcement it has taken measures to ensure the safety of users, including privacy and safety controls to prevent unwanted messages. The Wall Street Journal has more information here.

Data Privacy and Data Protection

Privacy International has published its analysis of some key provisions on the Revised Draft Text of the UN Cybercrime Convention, with the aim to provide delegations of Member States and other stakeholders with recommendations to strengthen the draft and to bring it in line with human rights law.

The Information Commissioner’s Office (ICO) is rebuffing calls by members of Parliament to investigate a Chinese genetic research company. The BGI Group collects genetic data from millions of women for population research using tests “developed in collaboration with the country’s military.” However, the ICO said it has not received an individual complaint expressing concern of how specific genetic data was handled by the BGI Group. Reuters has more information here.

Speaking at techUK’s Digital Ethics Summit, the Information Commissioner John Edwards warned the global population could lose trust in artificial intelligence and called on developers to embed privacy into their models. He said, “Privacy and AI go hand in hand — there is no either/or here. You cannot expect to utilise AI in your products or services without considering privacy, data protection and how you will safeguard people’s rights.”

Surveillance

Amnesty International has set out its criticism of the EU’s decision to not ban public mass surveillance in the AI Act, accusing it of setting a “devastating global precedent.”

Newspapers Journalism and Regulation

The Media Reform Coalition has an article explaining how the government’s campaign of political interference and cuts is destroying the BBC’s public service mission. The recent statements from the Culture Secretary about the increase to the license fee are “only the latest in a long series of political attacks on independent public media.”

Founder of Central European News Michael Leidig launched Quis Custodiet (QS) last week after being frustrated by The Guardian’s in-house complaints service. Unlike most national newspaper publishers in the UK, The Guardian is not a member of IPSO or Impress, which means there is no outside body for complainants to go to for independent adjudication. QC is dedicated to the notion that all news media should be held accountable. The Press Gazette has more information here.

IPSO has upheld a harassment complaint against The Scottish Sun after its journalists trailed former MSP Natalie McGarry following her release from prison. The Press Gazette has more information here.

IPSO

Statements in Open Court and Apologies

As mentioned above, on 5 December 2023 statements were read in open court before Fancourt J in settlement of the case of Various Claimants v NGN.

New Issued Cases

There was one defamation (libel and slander) claim filed on the media and communications list last week.

Last Week in the Courts

On 4 December 2023, there was a hearing before Nicklin J in the case of Davidoff and others v Brown QB-2020-002760.

On the same day, Johnson J heard the trial in the case of Shafi v New Vision TV Limited and another QB-2021-00443.6

On 4 to 8 December 2023 HHJ Parkes KC heard the trial in the case of Wilson v Mendelsohn and others QB-2021-002673.

On 7 December 2023, the Court of Appeal handed down judgment in Amersi v Leslie & Anor [2023] EWCA Civ 1468, delivered by Warby LJ (with whom Underhill LJ agreed). The application for permission to appeal against the order of Nicklin J striking out this libel action on the ground that the claimant had failed to plead a reasonable basis for a claim was refused. The Court of Appeal considered the question of whether any individual publication of an imputation with a reputationally harmful tendency can be sued upon in the absence of proof that the particular publication actually caused serious harm to reputation. Further, it considered whether, when deciding whether any individual publication of an imputation caused serious harm to reputation the court is entitled to take account of “Slipper” damage.  The claimant argued that the case raises two important points of law of general importance each of which is arguable. Warby LJ agreed that, in relation to ground one of the claimant’s case, it was arguable that in a case where there have been multiple publications of a statement it is not necessary for the claimant to prove that each publication taken by itself caused serious harm to his reputation or was likely to do so; a statement can be defamatory within the meaning of s 1(1) and hence actionable if the overall, cumulative, or aggregate defamatory impact of the publication of that statement is serious or is likely to be serious [43]. The Court also accepted that the first instance judge’s reasoning in relation to Slipper damage was arguably mistaken; it may be that Slipper damages remain irrecoverable unless the initial communication is actionable by common law standards [63]. However, the Court was not persuaded that these questions were compelling reasons to litigate where their answer would make no material difference to the outcome of the case itself. In these circumstances, it was not a good use of the courts resources for the claim to be reinstated [65].

On 8 December 2023, there was a trial of a preliminary issue on meaning in the case of Amersi v BBC before HHJ Lewis.  Judgment was reserved.

As mentioned above, on 8 December 2023, judgment was handed down in favour of the defendants in the strike out/summary judgment application in the case of The Duke of Sussex v Associated Newspapers Ltd [2023] EWHC 3120 (KB).

Media Law in Other Jurisdictions

Australia

The Guardian covers last week’s developments in Bruce Lehrmann’s ongoing defamation claim against Network Ten and journalist Lisa Wilkinson over an interview with Brittany Higgins on Ten’s The Project in which she alleged she was raped by a Liberal staffer in Parliament House. Network Ten and Wilkinson are defending the case.

Broadcaster Alan Jones is planning legal action against Nine newspapers for “demonstrably false” allegations of indecent assault published in the Sydney Morning Herald. The Guardian has more information here.

China

The Fei Chang Dao blog has an article on internet censorship on the first anniversary of the White Paper Movement, a series of protests which saw protestors use blank sheets of paper as a form of silent protest to symbolise the government’s censorship and suppression of free speech.

Europe

The European Data Protection Board published the text of its urgent binding decision instructing Ireland’s Data Protection Commission to institute a European Economic Area-wide ban on Meta’s personal data processing toward behavioural advertising. The decision follows a request from Norway’s data protection authority, Datatilsynet, to the EDPB for a final order on the matter. The DPC previously adopted a decision 10 November 2023.

Spain

Meta is facing a lawsuit brought by an association of more than 80 newspapers alleging “systematic and massive non-compliance” with the EU GDPR. The association, AMI, seeks €550 million in damages because Meta allegedly did not establish a legal basis for processing users’ data for several years, which constituted a breach of competition rules. TechCrunch has more information here.

United States

Reuters reports the US District Court for the District of Montana blocked a ban on TikTok that was set to take effect in Montana 1 Jan. 2024. The court ruled the ban infringed upon TikTok users’ First Amendment right to free speech.

Uruguay

The digital music service Spotify has announced that it will be imminently ceasing its operations in Uruguay due to certain amendments included in the country’s copyright laws regarding the remuneration of performers.  IPKat has more information here.

Research and Resources

Next Week in the Courts 

On Monday 11 December 2023 there will be a pre trial review in the case of Nagi v Sinniah Santhiramoulesan before Collins Rice J.

On Tuesday 12 December 2023 there will be an anonymity application in the case of Various Claimants -v- Home Office KB-2023-003633, -003642, -003666, -003667, -003668, -003670, -003671, -003672, -003674, -003675, -003676, -003677, -003678, -003683, -003685, and -003686 –

On Wednesday 13 December 2023 there will be a hearing of an application for strike out in the data protection case of Pacini v Dow Jones.

On Thursday 14 December 2023 there will be a set aside application in the case of McGee v Lewis

On Friday 15 December 2023 there will be the trial of a preliminary issue on meaning and comment in the libel case of Dyson v Channel 4.

Reserved Judgments

Amersi v BBC, heard 8 December 2023 (HHJ Lewis)

Shafi v New Vision TV Limited and another, heard 4 December 2023 (Johnson J)

Wilson v Mendelsohn and others, heard 4 to 8 December 2023 (HHJ Parkes KC)

Blake v Fox, heard 21-24, 27 -30 November and 1 December 2023 (Collins Rice J)

 Mueen-Uddin v Secretary of State for the Home Department, heard 1 and 2 November 2023 (Supreme Court).

 George v Cannell and another, heard 17-18 October 2023 (Supreme Court)

 Trump v Orbis Intelligence, head 16 October 2023 (Steyn J)

 Harcombe v Associated Newspapers, heard 3 to 7 and 10 to 11 July 2023 (Nicklin J)

 YSL v Surrey and Borders Partnership NHS Foundation Trust, heard 14-15 June 2023 (Julian Knowles J)

 Various Claimants v MGN, heard 10-12, 15-19, 22-26 May, 5- 9, 12-15, 19-21, 27-30 June 2023 (Fancourt J)

 MBR Acres v FREE THE MBR BEAGLES, heard 24-28 April 2023, 2-5, 9, 11-12, 15, 17-18, 22-23 May 2023 (Nicklin J)

This Round Up was compiled by Colette Allen who is the host of Newscast on Dr Thomas Bennett and Professor Paul Wragg’s The Media Law Podcast (@MediaLawPodcast).