Former leader of the Labour Party and Independent MP, Jeremy Corbyn, has vowed to sue Nigel Farage for defamation over Farage’s allegation that Corbyn subscribes to an antisemitic conspiracy theory. Farage made the comments on his GB News TV show and reiterated them on Twitter. The BBC, The Independent, Sky News, the Telegraph, The Evening Standard, The Spectator, Politico and The National Scot covered the story.

Professor Kate Sang has received £15,000 after the Secretary of State for Science, Innovation and Technology, Michelle Donelan, wrongly accused her of supporting Hamas. The academic filed a libel action against the Minister after Donelan wrote a letter to the UK Research and Innovation (UKRI) encouraging it to dismiss Sang and fellow academic Dr Kamna Patel from an expert advisory group on equality, diversity and inclusion. UKRI suspended both academics during an investigation into whether they had shared extremist content and expressed sympathy for Hamas. Donelan alleged that a Guardian article headlined, “Suella Braveman urges police to crack down on Hamas support in UK,” which was retweeted by Sang with the comment “This is disturbing” constituted evidence of such support. The UKRI’s inbestigation found no evidence to support Donelan’s comments or remove the academics from their positions. Donelan admitted she was mistaken in taking Sang’s tweet to mean support for Hamas, though no liability was admitted as part of the payment. The BBC, Guardian, The Independent, Sky News and The Telegraph covered the story.

The Conservative peer and former MEP, Lady Jacqueline Foster has apologised and paid damages to doctoral student, Melika Gorgianeh after she wrongly accused her of choosing an anti-semitic mascot for her University Challenge team during a program that was broadcast last November. Lady Foster’s apology, posted on X, is available to read here. More information is available from the BBC, Guardian, The Independent, Al Jazeera, The Mirror and the Oxford Mail.

Internet and Social Media

Mischcon de Reya have published a blog on the new provisions which came into force on 31 January 2024 under the Online Safety Act 2023 to tackle intimate image abuse and “revenge porn.” The article examines the key changes under the new criminal offence of sharing intimate images without consent which means that it will no longer be necessary to prove an intention to cause the victim distress. Another blog explores the first conviction for the new offence of cyberflashing, just weeks after the Act came into force.

Data privacy and data protection

The ICO has taken regulatory action against five public authorities, including two police forces, the Department for Education and the Foreign Commonwealth and Development Office, for failing to meet their obligations under the FOI Act. The regulator has also fined a life insurance company £80,000 for conducting a predatory campaign comprising of almost 48,000 unsolicited, spam phone calls. Read the press release here.

Surveillance

A coalition of disability rights activists and human rights organisations, including  the Child Poverty Action Group and Big Brother Watch, have called on the government to scrap its plans to introduce powers which would allow it to spy on the bank accounts of benefit claimants for the purpose of reducing welfare fraud the Guardian reports. Under the Data Protection and Digital Information Bill, the DWP would be empowered to use fully automated software to monitor the bank accounts of benefit recipients and flag any errors or fraudulent behavior. The bank accounts of welfare claimants’ partners, landlords and parents could also be monitored under the new law.

Newspaper Journalism and regulation

An Ofcom investigation concluded that GB News broke broadcasting rules in an episode of Dan Wootton Tonight in which actor and founder of Reclaim Party, Laurence Fox made sexist comments about journalist, Ava Evans. The programme received over 8,500 complaints in respect of the “degrading and demeaning” remarks, which the regulator ruled were “unambiguously misogynistic.” Ofcom also noted that no apology or editorial comments were made to try to limit the offence caused by the “narrative in which a woman’s value was judged by her physical appearance.” Both presenters were suspended from GB News after the episode aired. The BBC, Sky News, The Independent, Guardian, Telegraph, Financial Times and the Press Gazette covered the story. Read Ofcom’s ruling 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

As mentioned above, Lady Jacqueline Foster apologised and paid damages to doctoral student, Melika Gorgianeh after she wrongly accused her of choosing an anti-semitic mascot for her University Challenge team.

As mentioned above, Secretary of State, Michelle Donelan admitted she was mistaken in suggesting that Professor Sang’s tweet constituted support for Hamas and her department paid Sang £15,000.

New Issued cases

There was one defamation (libel and slander) and one data protection claim issued in the Media and Communications List in the last week.

Last week in the courts

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

On 5 March 2024, HHJ Lewis heard applications to strike out and to amend and an application on preliminary issues in Francis v Burston QB-2020-000831. Judgment was reserved.

On 7 March 2024, there was an application to dismiss the case of BW Legal Services Limited v Trustpilot QB-2021-000573 before HHJ Lewis.  Judgment was reserved.

On 7-8 March 2024, there was a hearing in the data protection case of Lynch v Serious Fraud Office KB-2024-000237.

On 8 March 2024, judgement on meaning was handed down by Hill J in the case of Fry v Agilah-Hood [2024] EWHC 527 (KB). Hill J found that statements made by the Defendant, who works at the same school as the Claimant, in an email to the headteacher and safeguarding lead were defamatory of the Claimant. The court found that the statements bore the following defamatory meanings: there were reasonable grounds to suspect that the Claimant was guilty of sexual misconduct; the Claimant poses a safeguarding risk and physical danger to female staff at the school and women generally; the Claimant is not fit for his job as a teacher due to safeguarding issues; and the Claimant lacks the professional honesty and integrity to be a teacher [52].

Media law in other jurisdictions

Australia

On 5 March 2024, the Federal Court of Australia dismissed an application for a separate hearing on the question of whether the plaintiff suffered serious harm in the case of Peros v Blackburn [2024] FCA 177. The plaintiff was charged with the murder of Shandee Blackburn, with whom he had a personal relationship, but was later acquitted following a trial. An extended coronial hearing found that Blackburn died due to injuries sustained in a violent encounter with the plaintiff but did not make any findings that he was civilly liable or guilty of an offence. The defamation case concerns publications made by the defendant in a Facebook group, which allege that the plaintiff is a murderer. Derrington J found that the circumstances of the case made it unsuitable for the separate determination of the question of serious harm.

On 7 March 2024, the Federal Court of Australia dismissed a second application for an extension of the limitation period in the case of Tucker v McKee [2024] FCA 199. The application was found to be an abuse of process due to the applicant’s failure to adduce reasons for delay in the initial application for an extension, which was expected to determinede finally whether the limitation period should be extended.

Canada

On 7 March 2024, the Court of Appeal for British Columbia dismissed an appeal in the case of Pereira v Klonarakis 2024 BCCA 75. The court held that the trial judge had not erred in finding that the lawsuit was an attempt to intimidate and silence the appellant’s critics in an intense local conflict and that the statements complained of related to a matter of public interest.

On the same day, the Court of King’s Bench of Alberta handed down judgement in the case of Peterson v McNallie 2024 ABKB 127. The Applicant is a police officer who filed a defamation claim against the defendant for statements she made on social media about his conduct at a “Free Palestine” rally, which he claims are untrue. The central issue was whether an interlocutory injunction should be granted to restrain the respondent from making allegedly defamatory statements on a matter of public interest. The court dismissed the officer’s application for an interlocutory injunction as the “law of defamation provides a means by which to hold false accusers accountable.”

Europe

The Court of Justice of the European Union has confirmed that TC Strings constitute personal data within the meaning of the GDPR as they contain information about an identifiable user. Companies use real-time bidding to acquire advertising space to display ads that are customised to a specific user. It is necessary to obtain consent from a user to use their data for marketing in this way. A Belgian non-profit, IAB Europe, claimed to have brought this process in line with the GDPR by encoding user preferences in a string of letters and characters, known as a TC String that would tell companies whether the user has consented and place a cookie on the user’s device. The Belgian Data Protection Authority held that TC Strings constitute personal data and impose a fine and corrective measures on IAB Europe. IAB contested the decision before the Brussels Court of Appeal, who refered the question to the CJEU. Read the CJEU press release here. The Privacy & Information Security Law Blog, Inside Privacy blo, Irish Council for Civil Liberties and Mischon de Reya have published articles explaining the decision.

France

A defamation trial, in which director Roman Polanski is accused of defaming a British actress, Charlotte Lewis, who accused him of sexual abuse in the 1980s, began this week. In a 2019 conversation which Paris Match Magazine, Polanski called Lewis’s allegations a “heinous lie” and cited a tabloid quote which she argues was falsely attributed to her. Polanski faces several allegations of sexual abuse from separate women, which he denies. The director fled the United States in the 1970s after admitting to having sex with a minor and is wanted by the US authorities. Le Monde, France 24, The Brussels Times, the Guardian, EuroNews and the BBC covered the story.

New Zealand

On 7 March 2024, the Supreme Court of New Zealand dismissed an application for leave to appeal in the case of Dew v Discovery NZ Limited [2024] NZSC 21. The Court of Appeal had declined to restrain the broadcast of a program which alleged that the plaintiff, a Cardinal, engaged in sexual abuse when he worked at an orphanage during the 1970s. The applicant denies the abuse. The Supreme Court held that it was not appropriate in the present case to revisit the general rule that the court will only restrain publication of defamatory material for clear and compelling reasons. The NZ Herald, Ground News, Newstalk ZB and RNZ covered the story.

United States

The Socially Aware blog has published the third instalment of its series exploring s 320 of the 1996 Communications Decency Act. The legislation shields online service providers from liability in relation to content published by third parties. This instalment looks at the ways in which plaintiffs have navigated around the safe habour provision.

Research and Resources

Next week in the courts

On Monday 11 March 2024, Steyn J will hand down judgment in the case of Schofield v Politicalite Limited and another (heard 23 February 2024).

On the same day, Kerr J will hear an appeal in the case of Chief Constable of Kent v McLoughlin, KA-2023-000118.

On Tuesday 12 March 2024 there will be a hearing  in the case of Bennion and others v Prestfelde School Limited QB-2021-000343 (time estimate 1.5 days).

On Wednesday 13 March 2024 there will be a Pre-Trial Review in the case of Harrison -v- Cameron QB-2022-002468.

On Thursday 14 March 2024 there will be a contempt application in the case of Taylor v Chief Constable of Kent, QB-2022-000310.

On Friday 15 March 2024 there will an application in the case of Leeds and Another v Burgess and Others, QB-2021-000067.

Reserved judgements

BW Legal Services Limited v Trustpilot,  heard 7 March 2024 (HHJ Lewis)

Francis v Pearson, heard 5 March 2024 (HHJ Lewis)

Bridgen MP v Hancock MP, heard 1 March 2024 (Steyn J)

Unity Plus Healthcare Limited v Clay and others,  heard 1 March 2024 (HHJ Lewis)

Parsons v Atkinson, heard 26 and 27 February 2024 (Farbey J)

Rodoy v Optical Express Ltd, heard 26 February 2024 (HHJ Lewis)

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