Prince Harry has dropped his libel case against the publisher of the Mail on Sunday and Mail Online. The claim had related to a February 2022 article headlined “Revealed: How Harry tried to keep his legal fight over bodyguards secret.”

In July 2023, the High Court ruled part of the article carried defamatory meaning, in part because it could have been read as alleging Harry “was responsible for trying to mislead and confuse the public as to the true position, which was ironic given that he now held a public role in tackling ‘misinformation,’” The Duke of Sussex v Associated Newspapers Ltd [2022] EWHC 1755 (QB). In December 2023, the Duke of Sussex’s application to have the defence of honest opinion struck out was refused, The Duke of Sussex v Associated Newspapers Ltd [2023] EWHC 3120 (KB). Mr Justice Nicklin said there was a “real prospect” the publisher could succeed in showing “an honest person could have held the opinion that [Harry] was responsible for attempting to mislead and confuse the public as to the true position (and that this was ironic given that he now held a public role in tackling ‘misinformation’)”.

A spokesperson for the Sussexes said the duke was focusing instead on the safety of his family and his legal case against the Home Office over security arrangements for himself, his wife and children when they are in the UK. The Press Gazette, New York Post and CTV News have more information.

Internet and Social Media

The Information Commissioner’s Office (ICO) has released updated opinions on what online services need to do to comply with the Online Safety Act.

Data Privacy and Data Protection

The ICO has opened the first in a series of public consultations on generative artificial intelligence. The first consultation will explore the legality around training generative AI models on personal data scraped from the internet. The ICO will solicit views from developers, users and civil society groups. The initial consultation period closes 1 March 2024.

The ICO has fined two home improvement companies for marketing phone calls to people on the UK’s “do not call” register.

The EU Data Act is now in force. The legislation attempts to ensure fairness in the data economy by creating a competitive data market and offering legal clarity surrounding the use of certain types of data. The EU Data Act empowers users of connected devices to assume greater control of the data the devices produce and gives public sector entities greater access to private sector data to respond to public crises, in part. The law becomes applicable 12 September 2025.

IPSO

Statements in Open Court and Apologies

We are not aware of any statements in open court or apologies from the last week.

New Issued Cases

There was one defamation (libel and slander) claim issued in the Media and Communication list last week.

Last Week in the Courts

On Tuesday 16 January 2024, there was a pre-trial review in the case of Griffin v North Cumbria.

On Wednesday 17 January 2024, judgment was handed down in Mir v Hussain & Ors [2024] EWHC 56 (KB). The key question for the court to decide was whether Mr Mir could establish that Mr Hussain, leader of the political Muttahida Qaumi Movement (“MQM”), was actively engaged in the publication of certain statements that Mir alleges are defamatory. Hussain’s application for summary judgment and to strike out the claim failed; there was sufficient evidence to suggest that a trial could reveal further information to influence the case’s outcome [44]. Chamberlain J particularly emphasised evidence indicating past practice involving Hussain’s direct approval for MQM’s publications and current indicia that Hussain retained significant influence over MQM’s published content [39-43]. Mir’s application to amend the Particulars of Claim was granted [53].

On the same day, there was an anonymity application in the case of McEwen v MOD and a (without notice) injunction application in the case of HMRC v Milton.

On Thursday 18 January 2024, there was an application in the data protection case of Sutton v Currys.

Media Law in Other Jurisdictions

Australia

A prominent Queensland civil rights advocate and lawyer has raised concerns about the photographing and surveillance of pro-Palestine protesters by the state’s police force. The Guardian has more information here.

Thailand

A Thai court has sentenced a man to 50 years in jail for comments deemed to have defamed the monarchy – the highest ever sentence handed down under the country’s notorious lese majeste law. The BBC has more information here.

United States

The trial to determine the damages owed to E Jean Carroll by Donald Trump began on 16 January 2024 in New York. In 2023, a jury found Trump to have sexually assaulted Carroll and defamed her by calling the claims a hoax and accusing her of lying. This ongoing trial will be restricted to what damages should be awarded. The Guardian, Independent, ABC News and BBC have more information.

Conde Nast chief executive Roger Lynch has warned that “many” media companies could go out of business in the time it would take for litigation against generative AI companies to pass through the courts. He has urged US Congress to take “immediate action” by making a simple clarification that publishers should be compensated for the use of their content in the training and output of generative AI tools and that licensing deals must be struck for onward future use. The Press Gazette has more information here.

The Federal Trade Commission announced a proposed order against geolocation data broker InMarket Media, barring the company from selling or licensing precise location data. The Privacy and Information Security Law Blog has more information here.

A federal court in Illinois has dismissed a class action lawsuit against The Estée Lauder Companies and one of its affiliates. This case involved allegations that these entities violated the Illinois Biometric Information Privacy Act. The court’s decision to dismiss the case hinged on claimants’ inability to demonstrate that defendants used the biometric data in a manner that could identify individuals. The Evan Law blog has more information here.

On 16 January 2024, the appeal of the third circuit decision that the claimant-appellant in Elansari v. Meta, Inc., 2024 WL 163080 (3d. Cir.) lacked standing was upheld. The appellant originally sued Meta for allegedly removing certain “Muslim and/or Palestinian content” while preserving “unspecified Jewish and/or Israeli content” and for allegedly banning certain Muslim users, while allowing unspecified Jewish users to continue using Meta’s services. He brought a civil rights claim for unlawful discrimination on the basis of religion in violation of Title II of the Civil Rights Act of 1964. The court observed that appellant had not alleged that he owned, created, controlled or had any personal involvement with the removed content other than having previously viewed it. Nor had he alleged any personal involvement with the banned users. He failed to establish standing under the ‘information injury’ doctrine because he did not show that he was legally entitled to the publication of the requested content or the removal of other content. Title II does not create a right to information. Section 230 also precluded the court from holding Meta liable. The Evan Law blog has more information here.

On 18 January 2024, the House of Representatives passed a bill to strengthen journalists’ protection of confidential sources from federal investigation. The Pogo Was Right blog has more information here.

Research and Resources

Next Week in the Courts 

On Monday 21 January 2024, there will be a statement in open court in ProCare Shower & Bathroom Centre Limited v Regal Care Shower Trays Limited and others QB-2022-000925.

On the same day, the trial will begin in Nagi v Sinniah Santhiramoulesan QB-2021-002658, listed for 3 days.

On Tuesday 22 January 2024, there will be a pre-trial review in Parsons v Atkinson QB-2021-004305.

Reserved Judgments

Dyson v Channel 4, heard 15 December 2023 (HHJ Lewis)

Pacini v Dow Jones, heard 13 December 2023 (HHJ Parkes KC)

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 (UK Supreme Court).

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

Trump v Orbis Intelligence, heard 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)

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).