There have been no media law hearings for the past fortnight. The Easter Legal Term begins on Tuesday 9 April 2024.  It will end on Friday 24 May 2024.

On 27 March 2024 Warby LJ refused permission to appeal in the case of Trump v Orbis.  He said that appeal would have “no real prospect of success,” finding that some of the former President’s arguments were contradictory and his appeal attempted to offer new points that he didn’t present before Steyn.

On Monday 1 April 2024, the Scottish Hate Crime and Public Order Act came into effect, extending protections to minorities, including transgender people, who are currently not covered by the law against those ‘stirring up hatred’. The Act has been controversial, attracting criticism from Elon Musk, Rishi Sunak and J.K. Rowling, who argued that the law undermines free expression and freedom of belief. Critics say that it will criminalise those who identify as gender critical feminists and were angered that the Act did not include provisions relating to hatred of women. During the bill’s passage, an Independent Working Group recommended that a stand alone misogyny act be introduced, though this is yet to be timetabled. The BBC, The Times, Sky News, The Telegraph, The Guardian, GB News and the Scottish Daily Express covered the story.

Veterans’ Affairs Minister, Johnny Mercer, has been given until 8 May 2024 to make further submissions or evidence in relation to an order by The Afghanistan Inquiry requiring to name his sources. The MP alleges that multiple officers approached him whilst he was a backbencher with stories about British special forces unlawfully killing Afghan civilians between 2010 – 2013 and subsequent cover-ups. Mercer challenged the order on the basis that he needs to protect his sources. The BBC, The Independent, Sky News, The Telegraph, City AM and the Daily Mail Online covered the story.

Internet and Social Media

Google is considering charging for premium AI-powered searches, according to the FT. Subscribers would still see ads under the proposal which would be the first major product of Google’s to be put behind a paywall. Although executives have not yet confirmed the decisions to launch the product, the proposal can be seen as part of the search engine’s wider response to the threat posed by competitor, ChatGPT. The Guardian, BBC, Sky News, Reuters and The Telegraph also reported on the claims.

The UK is hosting the Global Age Assurance Standards Summit in Manchester this week, from 8 April – 12 April 2024. The conference is set to bring together international experts on online age assurance methods. More information is available here.

Data privacy and data protection

Farrer & Co have published a two-part series exploring key data protection issues in employment investigations. The blog emphasizes the additional obligations and requirements that apply in relation to special category personal data and an external investigator’s position as an independent data controller in their own right.

The ICO has signed an international multilateral agreement with the Global Cooperation Arrangement for Privacy Enforcement (Global CAPE) to collaborate on issues involving cross-border data protection and privacy enforcement. Global CAPE members will share information and provide assistance with investigations with having to sign separate memorandums of understanding. Other signatories include the US, Australia, Canada, Mexico, Japan, the Republic of Korea, the Philippines, Singapore, and Chinese Taipei. Read the ICO’s press release here.

Surveillance

The Department for Work and Pensions is hiring up to 25 covert surveillance officers to spy on benefits claimants, according to a job advert posted on GOV.UK, in part of its mission to tackle welfare fraud. The advert states that employees would be “actively participating in surveillance operations” and producing “evidential packages.” The role comes amid the government’s plans to give banks new financial surveillance powers under the Data Protection and Digital Information bill. The National Scot, Bristol Live and The Big Issue reported on the development.

Newspaper Journalism and regulation

IPSO

Statements in open court and apologies

We are not aware of any statements in open court or apologies last week.

New Issued cases

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

Last week in the courts

On 25 March 2024, there was a hearing before Saini J in the case of Payone v Logo KB-2023-002134.

On the same day there was a consequentials hearing in the case of Piepenbrock v Michell, LSE and 52 other Defendants KB-2023-001023 before Tipples J.

On 26 March 2024, there was a trial in the data protection case of Harrison v Cameron QB-2022-002468 before Steyn J.

On the same day there was a case management hearing in the case of MBR Acres Limited and others v Free THE MBR BEAGLES QB-2021-003094.

Media law in other jurisdictions

Australia

The decision in the defamation case brought by former political staffer, Bruce Lehrmann,  against Network Ten and journalist Lisa Wilkinson was due to be handed down this week, however the ruling has been delayed due to fresh evidence being given by former Channel Seven producer Taylor Auerbach. The case concerns a 2021 interview in which Wilkinson interviewed Brittany Higgins who alleged that she had been raped in Parliament House two years earlier. Lehrmann claimed that despite not being named, he was identifiable and defamed by the interview. The trial took place last year over 22 days, considered over 15,000 pages of transcript and was livestreamed by almost 14,000 viewers.

On Tuesday 2 April, Network Ten asked the federal court to reopen its defence at an emergency hearing. Justice Lee stated that the evidence may change the outcome of the case and extends beyond Lehrmann’s credibility. Now Auerbach claims that Lehrmann leaked Higgins’ private text messages to Channel Seven in breach of a Harman undertaking ahead of an interview he had with them. The producer also gave evidence that Lehrmann discussed a payment of $200,000 for his participation in the Channel Seven interview, and was reimbursed for “pre-production expenses” that included drugs and sex workers. The TV Network denied these claims. SBS News, the Guardian, CNN, BBC, NDTV, ABC, The Sydney Morning Herald and Times of India covered the controversial allegations.

Israel

On 1 April 2024, the Israeli parliament passed legislation which gives the government the power to temporarily ban international news outlets from broadcasting in Israel if they are deemed to harm national security. Prime Minister Benjamin Netanyahu stated his intention to immediately stop Al Jazeera from broadcasting in Israel. The White House Press Secretary described the reports as “concerning.” The International Federation of Journalists have called on the government to not close down Al Jazeera’s outlet in Jerusalem and to avoid using “national security” as an excuse to censor critical media. The Times of Israel, Al Jazeera, Haaretz, National Review and the Guardian reported on the story.

Singapore

Singapore’s Personal Data Protection Commission has published privacy guidelines for children’s online safety. The guidelines clarify how Singapore’s Personal Data Protection Act should be applied in relation to children’s data in digital environments and specifies the obligations on organisations whose products or services are “likely to be accessed by children.” In particular, the guidance encourages age assurance methods and recommends using notices that are easily understood by children. The National Law Review has more information.

United States

The United States District Court for the Northern District of California issued its decision to grant the Center for Countering Digital Hate’s (CCDH) motion to strike out under an anti-SLAPP statute in the case of X CCDH. The plaintiff, X Corp (formerly Twitter), sued the CCDH for unlawful acts designed to gain access to protected data which, it claimed, the organization then used to support claims that X perpetrated harmful content. Read the press release of the Cyber Law Clinic, who submitted an amicus brief in support of CCDH, here. The court found that CCDH’s actions, which constituted newsgathering and posting on X in connection with several public issues, were in line with their first amendment free speech rights. The judgement is available here.

The Stanford Center for Internet and Society published a blog in response to the FCC’s announcement that it will vote to restore the net neutrality rules that were removed in 2017 in an agency meeting this April. Net Neutrality rules are designed to prevent telecoms companies from abusing their market power to the disadvantage of consumers and competitors. The article notes that despite the restoration, the proposals are still weaker than those stropped away by the Trump administration due to lobbying by the industry.

Research and Resources

Next week in the courts

On Wednesday 10 April 2024 there will be hearings in the cases of Jones Nickolds ltd v Ian Robert Pearce KB-2024-000886 and Specialty Coffee Association Ltd v Elizabeth Odushola KB-2023-002556

On Thursday 11 April 2024 there will be hearings in the cases of Prospect v Evans KB-2024-00030 and McGee v Lewis KB-2023-002435

On Friday 12 April 2024 there will be a contempt hearing in the case of Aslani v Sobierajska KB-2020-004166.

Reserved judgements

Harrison v Cameron, heard 26 March 2024 (Steyn J)

Blake v Fox, heard 22 March 2024 (Collins Rice J)

Rashid Naseer v Adil Farooq Raja,  heard 19 and 20 March 2024 (Richard Spearman KC)

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

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)

Vince v Associated Newspapers, heard 19 February 2024 (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)

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