The UK Government has taken steps to investigate The Telegraph Media Group’s proposed purchase by Redbird IMI, an Abu Dhabi-backed group. The Culture Secretary, Lucy Frazer, announced that a second inquiry would begin after Redbird IMI changed the structure of its bid without warning.

The inquiry will concern whether the deal would impact the “free expression of opinion in newspapers.” The original investigation was opened in December. The Guardian, BBC, Sky News, and the Press Gazette covered the story.

The Supreme Court has refused permission to appeal in the case of Wright v McCormack [2023] EWCA Civ 892. The claimant, Dr Wright, was found, at first instance, to have put forward a “deliberately false” case in relation to suffering serious harm to his reputation and Chamberlain J awarded nominal damages of £1. The Court of Appeal upheld the decision, ruling that Wright’s dishonesty was relevant to the level of damages awarded. In refusing the appeal, the Supreme Court held that the appeal did not raise an arguable question of law. Matrix Chambers summarised the decision.

Barrister Amal Clooney and former President of the Supreme Court, Lord Neuberger have co-edited a textbook titled Freedom of Speech in International law. The textbook centres on the weaponisation of laws regulating political speech, false speech, hate speech and speech related to national security to silence the press. Read Doughty Street Chambers’ press release here.

Internet and Social Media

The Clean Up The Internet Blog has shared some initial reflections in response to Ofcom’s illegal harms proposals. The article welcomes the identification of pseudonymity and anonymity as risk factors in allowing offences to proliferate, but suggests that fraud should be recognised as an additional key harm. The response also raises concerns that OFCOM’s proposed safeguards will fail to significantly reduce illegal content or improve user’s experience. The consultation is open until 23 February 2024. Read Ofcom’s proposals here.

Data privacy and data protection

The ICO has reprimanded South Tees Hospital NHS Foundation Trust for sending the private medical information of a patient to the wrong address. The Trust intended to send details of the patient’s upcoming appointment to her father, but instead disclosed it to an unauthorized family member.

The UK National Cyber Security Centre published a report on how AI is predicted to effect cyber operations in the next two year. The report notes that AI makes it easier for inexperienced cyber criminals to attack cyber systems on a global scale. The Privacy & Information Security Law Blog has more information. Read the report in full here.

Surveillance

More than 100 NGOs delivered a joint statement to the UN Ad Hoc Committee to set out non-negotiable redlines in relation to the proposed UN Cybercrime Treaty. The organisations argue that the proposed treaty “has alarmingly evolved into an expansive surveillance tool” and have called on states to reject the treaty if the changes are not made. Euractiv reported on the concerns raised by civil society. The proposed treaty is set to be concluded at the UN Headquarters in New York between 29 January – 10 February 2024. The UN Office on Drugs and Crime provides more information on the proposals here.

Newspaper Journalism and regulation

Coast and County Radio was found by Ofcom to have breached the Broadcasting Code by erroneously reporting that Australian Comedian, Barry Humphries was being treated in hospital, despite his death three days earlier. The radio station failed to correct its mistake, arguing that it was unnecessary given the extensive publication of Humphries’s passing. Read Ofcom’s decision here. The Press Gazette and Radio Today reported on the breach.

IPSO have published guidance for journalists and editors on how they should display corrections and adjudications on digital articles and social media posts. The guidance explains that the Complaints Committee will decide where, and the prominence with which, a correction should appear based on the seriousness of the breach, the prominence of the breach within the article and the public interest in remedying the breach. Read the guidance in full here.

LSE Media Blog has published an article arguing that UK election debates are rendered rushed and haphazard due to the absence of a governing body or clear guidance.

Art, Music and Copyright

On 24 January 2024, HHJ Clarke handed down judgement in the case of Thatchers Cider Company Limited v Aldi Stores Limited [2024] EWHC 88 (IPEC). The cider brand, Thatchers, argued that Aldi had infringed its trademarked canned cloudy lemon cider product by launching its own cider range, called Taurus, in the same flavour. The IPEC ruled that Aldi had not infringed Thatcher’s trademark and dismissed the claim. Mischon de Reya, Ashfords LLP and Serle Court summarised the judgement. Sky News, BBC and City A.M. also covered the ruling.

IPSO

There were no IPSO rulings published this week.

Statements in open court and apologies

On 21 January 2024, there was a statement in open court before Chamberlain J in the case of ProCare Shower & Bathroom Centre Limited v Regal Care Shower Trays Limited and others QB-2022-000925.

New Issued cases

There were no new cases issued in the Media and Communications List this week.

Last week in the courts

On 22 and 23 January 2024, Collins Rice J heard the trial of Nagi v Sinniah Santhiramoulesan QB-2021-002658.  Judgment was reserved.

On 23 January 2024, there was a pre-trial review before Chamberlain J in the case of Parsons v Atkinson QB-2021-004305.

Media law in other jurisdictions

Canada

On 23 January 2024, the Court of Appeal of Alberta dismissed the plaintiff’s appeal in the case of Cron v Libby, 2024 ABCA 25. The defendant accused the claimant of vandalising his truck. At first instance, the court found that the claimant had, on balance of probability, vandalised the truck and the claim was dismissed. On appeal, the court held that there was no new evidence that could reasonably be expected to affect the result.

On 26 January 2024, the Court of Appeal for British Columbia dismissed the plaintiff’s appeal in the case of Pereira v Unite Here Local 40, 2024 BCCA 27. The plaintiff had sued a former union representative for defamation by submitting a grievance against her that was subject to qualified privilege. The plaintiff argued that privilege was lost because the defamation was published with malice, however proceedings before the Labour Relations Board found against the plaintiff on the issue of malice and the claim was struck out. On appeal, the court held that the first instance judge had not erred in ruling that the issue of malice could not be relitigated.

Following the close of the government’s Consultation on Copyright and Generative AI, Michael Geist has published his submissions on his blog. He argues for the inclusion of a text and data mining exception in Canadian copyright law and suggests it is too early to legislate on the use of copyright works in generative AI systems. The consultation is available to read here, though the associated responses have not yet been published.

France

France’s data protection regulator, CNIL, has fined Amazon 32 million EUR for unlawful and excessive surveillance of its workers. The data recorded by employee’s hand-held scanners was kept for 31 days and tracked how quickly items were being scanned and the length of breaks. CNIL’s press release is available to read here. The BBC and Reuters covered the story.

Greece

The defamation case against journalists and publishers who exposed a wiretapping scandal began this Thursday. The lawsuit is brought by the nephew of the Prime Minister, Grigoris Dimitriadis, who was in charge of the secret service at the time the spyware affair was revealed. Dimitriadis claims 550,000 EUR in damages and the removal of any media coverage that implicates him. The International Press Institute, Article 19 Europe and a number of other media freedom organisations have labelled the lawsuit a SLAPP and called for its withdrawal. The Guardian, Human Rights Watch, The National Herald and the Greek Reporter covered the case.

India

French journalist, Vanessa Dougnac, was served a notice by the Indian government, which threatened deportation, for work that is alleged to be ‘inimical’ to India’s national interests and that could provoke disorder. French official raised their concerns about the matter during French President Emmanuel Macron’s state visit to India this week. Reporters Without Borders and the International Federation of Journalists have also expressed their concerns. Times of India, Hindustan Times, Telegraph India, The Indian Express, Le Monde and RFI reported.

United States

Former President Donald Trump has been ordered to pay writer, E Jean Carroll, $83.3 million in her defamation claim against him. In 2023, Trump was previously found by a jury to have sexually assaulted and defamed Carroll and was ordered to pay her $5 million. In the more recent trial, the jury were restricted to the determination of damages. Trump indicated his intention to appeal the ruling in a Truth Social post. The Guardian, BBC, The Telegraph, Sky News, CBS News, the Independent, CNN, New York Times, Washington Post, Reuters and the Financial Times covered the ruling.

Research and Resources

Next week in the courts

On Tuesday 30 January 2024, there will be a hearing in the case of WFZ v BBC KB-2023-002567.

On Wednesday 31 January 2024, there will be a hearing in the case of Fox v Yassin KB-2023-003051.

On Thursday 1 February 2024, the court will hear the defendant’s application to strike out in the case of Vince v Associated Newspapers Limited KB-2023-003818.

On Friday 2 February 2024, there will be a trial on preliminary issues in the case of Jeffrey Hinds v British Boxing Board of Control Limited QB-2020-003448.

On the same day, there will be dismissal, stay and s32.A applications in the case of Fenton v Pohl KB-2023-000827.

Reserved judgements

Nagi v Sinniah Santhiramoulesan,  heard 22 and 23 January 2024 (Collins Rice J)

Sinton v Maybourne Hotels Limited, heard 19 and 20 December 2023 (Chamberlain J)

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 Jasleen Chaggar who is a litigation and media paralegal at Atkins Dellow