On 27 February 2024, judgment on meaning was handed down by Lewis J in the long-running litigation between the Dyson Group companies and the broadcasters Channel 4 and ITN, Dyson Technology Ltd & Anor v Channel Four Television Corporation & Anor [2024] EWHC 400 (KB). Lewis J held that the news item first broadcast on Channel 4 News on 10 February 2022 made defamatory allegations of fact and of opinion.

The Judge found that the broadcast bore the following defamatory meanings of the claimant companies: there are reasonable grounds to suspect that the claimants were responsible for the abuse and exploitation of workers, and the persecution of a whistle-blower, at ATA, one of their supplier companies located in Malaysia, and that they tried to cover up the allegations and shut down public criticism. The Court found the Broadcast conveys a statement of opinion, being that the claimants have not lived up to their advertised standards of ethics and corporate social responsibility. 5RB has more information here.

On 1 March 2024, The Rt Hon Lucy Frazer MP, the Secretary of State for Culture Media and Sport, and The Rt Hon James Cleverly MP, the Secretary of State for the Home Department, published their decision to vary a Restriction Order from the Leveson Inquiry to allow the use of the ledger cards for the purpose of the ongoing misuse of private information claim brought by seven claimants against Associated Newspapers. The variation notice is available here. Inforrm had an article explaining the decision, available here.

The Guardian has apologised and agreed to make a payment to suspended GB News presenter Dan Wootton after reporting that he was under police investigation. The Guardian is one of a number of publications and individuals facing the threat of legal action from Wootton for invasion of privacy, and the first to opt for a settlement, the Press Gazette reports. Wootton complained over an article headlined “Police investigating allegations Dan Wootton solicited explicit images” which was published on 2 October 2023 before being removed. It is now well established in UK law that people who are the subject of a police investigation have a right to privacy until they are charged with a criminal offence.

The Information Commissioner’s Office (ICO) has opened the second round of its generative Artificial Intelligence consultation. The consultation will focus on how purpose limitation should be applied at all phases of the generative AI life cycle. The first ICO generative AI consultation focused on the legality of processing data scraped from the internet for generative AI models.

The HawkTalk Blog is asking readers to sign its Petition that states that the Government would be negligent if it failed to draft clauses for the Data Protection and Digital Information Bill to protect data subjects from the harmful impact of Artificial Intelligence (AI). Read the article explaining why you should sign the Petition here.

Internet and Social Media

On 31 January 2024, Part 10 of the Online Safety Act came into force. This has created various new offences including sending communications and unwanted sexual images in response to emerging behaviours online. The Brett Wilson Media and Communication Law Blog has more information here.

Meta will start collecting anonymized data from Quest virtual reality users, including data on users’ body and eye movements. The move raised privacy concerns due to the lack of an opt-out option “potentially cornering users into accepting these terms to continue using their Quest headsets.” IT World Canada has more information here.

The Clean Up the Internet Blog has formed some provisional reflections on Ofcom’s consultation for its proposed regime to tackle illegal harms. Read Clean Up the Internet’s submission to the consultation here.

In the latest Panopticon Podcast, Anya Proops KC interviews Ofcom’s Online Safety Policy Director Jon Higham about Ofcom’s new regulatory role under the Online Safety Act 2023. Information on how to listen is available here.

Data Privacy and Data Protection

A member of European Parliament has warned the proposed UK Data Protection and Digital Information Bill could impact the adequacy decision between the EU and the UK. The two entities’ current data transfer agreement acknowledges UK data protection standards are equivalent to the EU GDPR, but Dutch MEP Paul Tang said the proposed UK reform bill would have weaker rules and negatively affect the agreement. Euractiv has more information here.

Digital rights advocate Open Rights Group submitted complaints to the ICO and France’s data protection authority, the Commission Nationale de l’informatique et des libertés, accusing the data broker LiveRamp of violating privacy laws. The complaint alleges LiveRamp’s profiling system links their browsing activity to their personal identity and the company processes personal data without a legal basis.

The ICO has issued a reprimand to West Midlands Police after the force repeatedly mixed up two people’s personal information.

The Panopticon Blog has a summary of the recent Data Protection and Misuse of Private Information (MPI) judgment Farley and 473 others v Paymaster (1836) Limited (trading as Equiniti) [2024] EWHC 383 (KB), in which Nicklin J tackled how the Court should take forward large volumes of low-value claims arising from the same incident in ways that are cost-effective and proportionate.

Surveillance

On 28 February 2024, the Investigatory Powers Tribunal hearing the complaint lodged by journalists Barry McCaffrey and Trevor Birney against UK police authorities was adjourned the day it started due to late disclosure of police evidence. McCaffrey and Birney allege covert surveillance was used against them in an attempt to reveal their source for an allegedly leaked document from the Police Ombudsman’s office, which appeared in their documentary No Stone Unturned on the 1994 UVF massacre in Loughinisland, Co Down. The Press Gazette has more information here.

The ICO has issued an enforcement notice to the Home Office over its use of GPS ankle tags on migrants. The agency found the Home Office did not sufficiently consider the invasive nature of constantly tracking migrants’ locations in an attempt to more easily contact them for asylum proceedings. The Privacy and Information Security Law Blog, Privacy International and Mishcon de Reya also comment.

The ICO has ordered Serco Leisure to stop using facial-recognition technology and fingerprinting to monitor worker attendance. The agency said the company did not show why the biometric tracking was necessary. It comes on the heels of new guidance from the ICO on biometric use in the workplace. The Privacy and Information Security Law Blog has more information here.

Newspapers Journalism and Regulation

The Angiolini Inquiry report into the career and conduct of Wayne Couzens, the individual who murdered Sarah Everard, was published on 29 February 2024. The report found that victims of Couzens suffered significant intrusions as the case against him received more publicity and court documents disclosed relevant information. Hacked Off has called the behaviour of journalists responsible for harassing victims “utterly shameful.” In a statement, the campaign group for press regulation reminded readers that “victims of sexual offences should never have to feel scared about having their identities potentially exposed. These intrusions also risk discouraging victims from coming forward in the future.”

Hacked Off has an article exploring how newspapers get away with unethical reporting of small boat arrivals.

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 in Open Court or Apologies from the last week.

New Issued Cases

There were two defamation (libel and slander) claims issued in the Media and Communications List in the last week.

Last Week in the Courts

On 26 February 2024, judgment on meaning was handed down in Hinds v British Boxing Board of Control Ltd [2024] EWHC 380 (KB). The claim related to a publication on the defendant’s website in around June 2019, and for about six months thereafter, of the following words: “The British Boxing Board of Control – Southern Area Council – June 2019 Notices – Regulation 25 – Jeff Hinds Given Words of Advice for the future.” Kerr J found that the statement did not carry a defamatory meaning at common law. An ordinary reasonable reader would not understand the statement to mean that the claimant had been found guilty of or admitted misconduct and, therefore, that he must have done wrong. The meaning contended for by the claimant attributes to the reasonable reader the unreasonable proposition that there is “no smoke without fire” [42].

Between 26 to 28 February 2024, there was a trial in the case of Parsons v Atkinson QB-2021-004305 before Farbey J in Manchester.

As mentioned above, on 27 February 2024, judgment on meaning was handed down in Dyson Technology Ltd & Anor v Channel Four Television Corporation & Anor [2024] EWHC 400 (KB) by Lewis J.

On 27 February 2024, there was a hearing in the case of Rodoy v Optical Express Limited and others KB-2023-002437. On the same day, there was an injunction application in the case of DfE v Hercules KB-2024-000389.

On 29 February 2024, there was a hearing in the case of Taylor v Pathe Productions Limited and others KB-2023-003648.

On 1 February 2024, there was a strike out application in the case of Bridgen MP v Hancock MP KB-2023-002309. On the same day, there will be a hearing in the case of Unity Plus Healthcare Limited v Peter Clay & Others KB-2023-000060.

Media Law in Other Jurisdictions

Australia

Bruce Lehmann’s defamation trial continues against Network Ten and journalist Lisa Wilkinson over an interview with Brittany Higgins on The Project about allegations she had been raped in Parliament House in 2019. ABC covers last week’s submissions.

The shadow Home Affairs Minister James Paterson has warned that publicly naming the politician said to have assisted in sending national secrets to a foreign power would initiate defamation proceedings. In a bombshell speech on 28 February 2024, ASIO Director-General Mike Burgess used the agency’s annual threat assessment to reveal a former politician had “sold out” the nation to foreign agents, even going as far as to suggest they attempted to recruit a prime minister’s family member. Nationals Senator Bridget McKenzie has asked Home Affairs Minister Clare O’Neil to “use parliamentary privilege” to reveal the name of the ex-politician. Sky News has more information here.

Canada

On 26 February 2024, the Supreme Court of British Columbia handed down judgment in Ortt v The Owners, Strata Plan NES 3039, 2024 BCSC 323. The applications to dismiss the defamation claim were filed pursuant to section 4 of the Protection of Public Participation Act 2019. The PPPA is commonly referred to as “anti-SLAPP legislation”; it creates a mechanism by which defendants may apply to court to have a defamation claim made against them dismissed in its early stages. The defendants’ applications were dismissed; the Court held that this was a real dispute which deserved a trial on its own merits.

On the same day, the High Court of Alberta handed down judgment in Durand v Higgins, 2024 ABKB 108. The defamation claim related to an Instagram account run by the Defendant which reposted a number of allegations of serious sexual impropriety against the Applicant/Plaintiff, who is an electronic music artist performing under the stage name “Snails”. Durand’s application for summary judgment, an injunction and damages was granted.

On the same day, an interlocutory injunction was granted in Unitarian Church of Montreal c. Edgar, 2024 QCCS 566 until judgment is rendered in the defamation trial.

The Michael Geist Blog has an article answering why the Criminal Code and Human Rights Provisions should be removed from the Online Harms Act. There is also a First Take on the Online Harms Act.

 Italy

Italy’s data protection authority, the Garante, found OpenAI’s artificial intelligence chatbot ChatGPT breached several provisions of the EU GDPR following a fact-finding inquiry. OpenAI has 30 days to submit counterclaims.

Research and Resources

Next Week in the Courts 

On 4 March 2024, there will be an application to strike out and/or for summary judgment in Chowdhury v SSHD KB-2023-003368.

On 5 March 2024, there will be applications to Strike Out, amend and preliminary issues in Francis v Burston QB-2020-000831.

On 7 March 2024, there will be an application to dismiss the case of BW Legal Services Limited v Trustpilot QB-2021-000573.

On 7-8 March 2024, there will be the hearing for Lynch v Serious Fraud Office KB-2024-000237.

Reserved Judgments

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

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)

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).