The Duke of Sussex has settled his remaining phone hacking claims against Mirror Group Newspapers (MGN). The publishers will pay all of Prince Harry’s legal costs, plus around £300,000 extra in damages.

The settlement relates to claims of unlawful intrusion on 115 stories and marks the end of a four-year-battle between the prince and the publisher. The Press Gazette, BBC, Hacked Off, and the Guardian have more information.

On 9 February 2024, Fancourt J handed down judgment on costs and permission to appeal following the delivery of the substantive judgment in the MGN litigation on 15 December 2023 (Various Claimants v MGN [2024] EWHC 274 (Ch) [pdf]). Fancourt J made orders for costs on the indemnity basis against both sides: against Coronation Street actors Nikki Sanderson and Michael Turner in respect of the individual costs of their claims, and against MGN for the costs of trying the generic issues. The Judge refused Ms Sanderson, Ms Wightman and Mr Turner permission to appeal on various grounds relating to his dismissal of the former two claims on limitation grounds, and aspects of the judgment relating to damages in respect of Ms Sanderson and Mr Turner. 5RB, ITVX, Sky News and Reuters are some of the many outlets to cover the judgment.

The LSE Media Blog has an article on the role of disinformation in political campaigning and its impact on voters, arguing it does not have the sway on elections that is often assumed.

Internet and Social Media

On 6 February 2024, the government published a response to the consultation on its AI Regulation White Paper, which the UK government originally published in March 2023. The White Paper set forth the UK government’s “flexible” approach to regulating AI through five cross-sectoral principles for the UK’s existing regulators to interpret and apply within their remits.

Data Privacy and Data Protection

On 7 February the Secretary of State promoting the Data Protection and Digital Information Bill, Michelle Donelan, brought a motion in the Commons extending the time before which the Bill will lapse by 280 days to 12 December 2024. In the absence of such a “carry over motion” the Bill would have lapsed (if not passed) 12 months after its first reading in the Commons – which would have been 8 March 2023. The Mishcon de Reya blog asks if time is running out?

The Competition and Markets Authority has ordered Google to pause its efforts to eliminate third-party cookies until multiple competition-related concerns are addressed. In its report, the CMA is demanding that Google “not design, develop or use the Privacy Sandbox proposals in ways that reinforce the existing market position of its advertising products and services, including Google Ad Manager.” Marketing Beat has more information here.

The Information Commissioner’s Office (ICO) has released its second report examining significant developments in technologies that could affect privacy in coming years.

Surveillance

Google’s Threat Analysis Group released a report on commercial surveillance vendors and the effect spyware has on personal privacy. The report outlines “who is involved in developing, selling, and deploying spyware, how CSVs operate, the types of products they develop and sell, and our analysis of recent activity.”

The ICO has reminded app developers of their obligations to protect users’ privacy following a review of fertility apps’ data processing features.

Events 

Bookings are now open for the 11KBW Information, Technology and Media Law Conference 2024 on Thursday 14 March 2024. The conference will be returning with a new format to incorporate the new and exciting developments in Information, Technology and Media Law.

IPSO

There were no new IPSO decisions issued last week.

Statements in Open Court and Apologies

As mentioned above, the Duke of Sussex has settled his remaining phone hacking claim against MGN.

New Issued Cases

There was one new defamation case issued in the Media and Communications List last week

Last Week in the Courts

On 5 February 2024, there was a stay application and summary judgment application in Aslani v Sobierajska QB-2020-004166. 

On 6 February 2024, there was an application in Ahluwalia v Verma & Ors KB-2023-001466.

On the same day, there was judgment in the interim injunction claim Pattinson v Winsor [2024] EWHC 230 (KB). Steyn J was satisfied that it is likely the Claimant will succeed at trial in showing that the barrage of emails sent by the Defendant to the Claimant, alleging fraud, theft, forgery, money laundering and abusing his position as a judge, and copying in a large cast of third parties, amounts to harassment [29]. An award of damages would not be adequate; an injunction is necessary to avoid further distress, humiliation and embarrassment, and would have the potential to cause him reputational damage [30]. By contrast, the interference with the Defendant’s right to spread his allegations by email (or otherwise) would be capable of being compensated in damages [31].

 On 8 February 2024, there was a trial of preliminary issues in Fry v Agilah-Hood KB-2023-002563.

On the same day, Richard Spearman KC dismissed the defamation claim in Griffin v North Cumbria Integrated Care NHS Foundation Trust. The claim related to a telephone call to follow up an employment reference provided by the Defendant about the Claimant. According to the 5RB summary, the claim was successfully defended on a number of grounds, including limitation and qualified privilege. Arguments of deliberate concealment and malice did not succeed. North Cumbria was awarded its costs.

On 9 February 2024, there was a hearing in The Commissioners for His Majesty’s Revenue & Customs v Dr Robert Milton & Amy Louise Spencer KB-2023-004745.

As mentioned above, on the same day Fancourt J handed down judgment following the consequentials hearing in The Duke of Sussex v MGN.

Media Law in Other Jurisdictions

Australia

News companies defending a defamation appeal launched by Ben Roberts-Smith over reports he engaged in war crimes in Afghanistan have told a court the ex-SAS corporal’s case is “fundamentally flawed”. The appeal by Roberts-Smith seeks to overturn his June defamation loss against Nine newspapers and the Canberra Times over 2018 reports on war crimes during his Afghanistan deployments. The Guardian has more information here.

Denmark

The Danish data protection authority (Datatilsynet) has issued a decision and injunction regarding student data being funnelled to Google through the use of Chromebooks and Google Workspace services in the country’s schools. Bleeping Computer has more information here.

United States

Taylor Swift is threatening legal action against the Florida college student who tracks the private jets of celebrities and public figures, including Swift. CNN has more information here.

The high-profile climate scientist Michael Mann has been awarded $1m by a jury in a defamation lawsuit against two conservative writers who compared his depictions of global heating to the work of a convicted child molester. The Guardian has more information here.

Controversial influencer Andrew Tate has lost his defamation case against a US Marine sergeant whose whistleblowing to authorities led to his arrest in Romania on sex crime charges. The Daily Mail has more information here.

Apple’s claim will continue against defendant NSO for, among other things, computer fraud for the creation and distribution of “Pegasus,” a piece of software Apple claimed was capable of covertly extracting information from virtually any mobile device. The Defendant’s move to dismiss the claim brought under the Computer Fraud and Abuse Act was denied. The Evan Law blog has more information here.

Research and Resources

Next Week in the Courts 

On 12 and 13 February 2024 there will be an application in the case of Webster -v- Her Majesty’s Revenue & Customs QB-2021-003999.

On 14 February 2024 there will be a strike out/summary judgment application in the case of Chowdhury-v-Secretary of State for the Home Department KB-2023-003368.

On 16 February 2024 there is a return date of the interim injunction in the case of Pattinson v Winsor KB-2024-000256.

Reserved Judgments

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)

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

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)

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).