The Competition Appeal Tribunal (CAT) has reversed its decision not to allow a claim against Meta alleging abuse of its market dominance to progress. Dr Lisa Lovdahl Gormsen claims Meta is offering an unfair bargain with its users.

She is suing on behalf of 45 million Facebook users, claiming that Facebook is abusing its market dominance and forcing users to share their data from non-Facebook products and other Meta-owned platforms, like Instagram. After refusing to go ahead with the case last year, Gormsen v Meta Platforms, Inc. and Others [2023] CAT 10. The reversal of the decision follows a landmark ruling in the EU, where Meta’s platforms were found to be in breach of GDPR as they were found to lack a reasonable legal basis for their collection of personal data to use of targeted advertisements. DigitNews has more information here.

Internet and Social Media

Google has stopped telling publishers of content removal from search results under the EU GDPR’s “right to be forgotten” rules. Last year the Swedish Administrative Court of Stockholm ruled that “informing webmasters that the search engine had removed links to their content was itself a breach of privacy of the person making the right to be forgotten request.” The Guardian has more information here.

The LSE Media Blog has an article explaining in which circumstances generative AI products and tools would be subject to the European Union’s Digital Services Act, which regulates online intermediaries and platforms with the aim of preventing harmful and illegal activities online, and the spread of disinformation.

Data Privacy and Data Protection

The Department for Science, Innovation and Technology Secretary of State Michelle Donelan sent a letter to the Information Commissioner’s Office requesting an update on the ICO’s artificial intelligence strategy.

The ICO approved a certification scheme for legal service providers in compliance with the EU GDPR. The certification scheme was created to “help organisations demonstrate compliance with data protection requirements and in turn, inspire trust and confidence in the people who use their products, processes and services.”

The ICO released guidance on how data protection obligations can be met while ensuring people still have access to information. The notice aimed to keep a user’s content from being incorrectly cited as being illegal information or being kicked off a platform without reason.

Newspapers Journalism and Regulation

The Media Reform Coalition has submitted evidence to the House of Lords Communications Committee’s inquiry on the future of news, calling for major reforms to the UK’s plurality regulations, Ofcom’s oversight of impartiality and new processes for securing the independence of public media. Read the submission here.

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

Statements in Open Court and Apologies

We are not aware of any Statements or Apologies from the last week.

New Issued Cases

There were two Defamation claims and one Breach of Privacy claim filed on the media and communication list last week.

Last Week in the Courts

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

On 14 February 2024 there was 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 was a return date of the interim injunction in the case of Pattinson v Winsor KB-2024-000256.

Media Law in Other Jurisdictions

Canada

Dr. Olkowski’s appeal was allowed in Olkowski v Nano-Green Biorefineries Inc., 2024 SKCA 11. Dr. Olkowski successfully argued that the Chambers judge erred in his application of the Limitation Act 1978 by drawing an inference from the evidence before him that he (Dr. Olkowski) knew, or ought to have known, when one of the acts subject to his claim had arisen.

China

Recent developments in the Shanghai Pilot Free Trade Zone to facilitate cross-border data transfers are expected to provide greater flexibility in exporting data from China, which has been stymied by the Cyberspace Administration of China’s strict cross-border data transfer regulations proposed in December 2023. The Privacy and Information Law Blog has more information here.

Europe

The European Court of Human Rights (ECtHR) has ruled that weakening end-to-end encryption disproportionately risks undermining human rights. The ECtHR decision could potentially disrupt the European Commission’s proposed plans to require email and messaging service providers to create backdoors that would allow law enforcement to easily decrypt users’ messages, Ars Technica reports.

The European Commission will open an investigation into TikTok’s efforts to protect underage users, Reuters reports. The probe, originally reported by Bloomberg, will examine whether the platform sufficiently complies with the EU Digital Services Act.

France

Karim Benzema’s defamation lawsuit against French Interior Minister Gérald Darmanin, who claimed the French football star was “notoriously linked” to the Muslim Brotherhood, has been dismissed. The court found that Darmanin’s remarks “do not impute to [Benzema] any fact that is likely to undermine his honour or his reputation.” Politico has more information here.

Ireland

Ireland’s High Court will allow privacy rights group NOYB’s Max Schrems to participate in two cases connected to Meta being barred from transferring EU user data to the US. The cases are a Meta challenge of Ireland’s Data Protection Commission prohibiting Meta from transferring user data and the subsequent 1.2 billion euro DPC fine issued to Meta for the transfers. The Irish Times has more information here.

United States

A new version of KOSA – the Kids Online Safety Act – has been introduced in the Senate. The Bill seeks to protect minors from online harms by requiring social media companies to prioritise children’s safety in product design and offer more robust parental control tools. It emphasises accountability for tech companies, transparency in algorithms and enhanced safety measures. The Evan Law blog has more information here.

Plaintiff authors are suing large language model provider OpenAI and related entities for copyright infringement, alleging that plaintiffs’ books were used to train ChatGPT. The Plaintiffs asserted six causes of action against various OpenAI entities: (1) direct copyright infringement, (2) vicarious infringement, (3) violation of Section 1202(b) of the Digital Millennium Copyright Act, (4) unfair competition under  Cal. Bus. & Prof. Code Section 17200, (5) negligence, and (6) unjust enrichment. Open AI moved to dismiss all claims except for the direct copyright infringement claim. The court granted the motion as to almost all the claims. The Evan Law blog has more information here.

Research and Resources

Next Week in the Courts 

On 19 February 2024, there will be a dismissal application in Courtney v Ronksley KB-2023-002481.  On the same day, there will be a strike out application in Vince v Associated Newspapers Limited KB-2023-003818.

On the same day Collins Rice J will hand down judgment in the case of WFZ v BBC.

On 20 February 2024 there will be a CMC in the MTVIL litigation, Various Claimants v News Group, before Fancourt J.

On the same day there will be a statement in open court in Tayler v HarperCollins Publishers Limited QB-2022-000353.

On 22 February 2024, there will be an extension application by the Claimant and an application by the Defendant for strike out and/or summary judgment in Matthews v Wakefield Metropolitan District Council KB-2023-002991.

On 23 February 2024, there will be a hearing for default judgment in Schofield v Politicalite Limited and another KB-2023-003104.

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).