Sir David Davis MP has tabled a number of far reaching amendments [pdf] to the  Strategic Litigation Against Public Participation Bill [pdf] which returns to the House of Commons for its Committee Stage on 8 May 2024.  These include the removal of the requirement to prove intention and a provision for the award of damages to a defendant against whom a SLAPP claim is brought.  Inforrm had a post about the Bill last week.

Social Worker, Rachel Meade, was awarded more than £58,000 damages in a harassment claim against her employer, Social Work England, after she was suspended and faced a lengthy disciplinary process for expressing her gender-critical beliefs on Facebook. Meade had shared petitions and posts from a sex-based rights campaign group. The London Central Employment Tribunal ruled earlier this year that Meade’s statements were protected by her right to freedom of thought and expression. The tribunal have now awarded £40,000 for injury to feelings in addition to aggravated and exemplary damages. The HR Review blog and Westminster Extra covered the award.

The police are investigating an “upskirting offence” in relation a social media post published by Laurence Fox which contained a compromising image of Good Morning Britain and GB News presenter, Narinder Kaur. Upskirting became a criminal offence in 2019. The Guardian, the Telegraph, The Independent, ITVX, LBC, Evening Standard, the Mirror and Zelo Street covered the story.

Internet and Social Media

Ofcom has launched an investigation into OnlyFans to determine whether the platform is doing enough to prevent children accessing pornography. The regulator stated that it has “grounds to suspect the platform did not implement its age verification measures in such a way as to sufficiently protect under-18s from pornographic material.” The Guardian, Reuters, FT, The Independent, ITVX, Biometric Update and Tech Crunch reported on the announcement.

Ofcom has also published a joint statement with the ICO about collaboration on the regulation of services that concern both online safety and data protection. The statement, which is available to read in full here, outlines how the regulators will work on areas of mutual interest and share information.

Data privacy and data protection

The ICO has called for “urgent improvements” to address the denial of “basic dignity and privacy” for people living with HIV caused by repeated data breaches that disclose their HIV status. The Information Commissioner condemned the data protection standards of health services following several data breaches and concerns raised by some of the largest HIV organisations in the UK. The Central Young Men’s Christian Association was fined £7,500 and received a reprimand for emailing individuals participating in a programme for people living with HIV using “CC” rather than “BCC,” revealing the email addressed of 166 individuals, whose identities could be inferred. Read the ICO’s press release here.

OpenDemocracy has produced a report on the obstacles faced by data subjects trying to access their personal information from public bodies using Subject Access Requests (SARs). The report describes, “long and unjustified delays – sometimes lasting several months [which] are depriving citizens of their personal information and undermining their legal and human rights” and notes that formal action is rarely taken by the ICO. Read OpenDemocracy’s press release here and the full report here. More information is available from Mischon de Reya.

Surveillance

Big Brother Watch has published an interview with former undercover police officer, Neil Woods, discussing the undercover surveillance tactics he used during the period of his service. The interview occurred in the wider context of discussion on the Covert Human Intelligence Sources Act 2021, which gives blanket immunity to undercover officers for crimes committed whilst working undercover. Watch the interview here.

Newspaper Journalism and regulation

The Financial Times has become the first UK newspaper to licence its content to OpenAI, according to the Press Gazette. The company has mirrored moves by Politico, Business Insider, Axel Springer, Associated Press and Le Monde to allow the owner of ChatGPT to use its both its current content and archive data for training in return for compensation. The FT Group’s Chief Executive stated that it is right, “that AI platforms pay publishers for the use of their material.”

Four senior female presenters have claimed before an employment tribunal that the BBC’s recruitment process is “rigged” in favour of certain presenters before applications opened. Ms Croxall, Karin Giannone, Kasia Madera and Annita McVeigh said they did not secure chief presenter roles due to this unfair practice, which the BBC denies, having conducted an internal review. The Independent, Evening Standard, Press Gazette, Metro, The Sun and The Herald covered the proceedings.

IPSO

Events

The ICO has opened registration for its annual Data Protection Practitioners’ Conference, which is due to be held online on Tuesday, 8 October 2024. The event is free and will cover data protection and freedom of information legislation. Sign up here and access the latest agenda and speaker announcements here.

Statements in open court and apologies

On 2 May 2024 there was a statement in open court in Percival v Belfield QB-2022-000902.  There was an Inforrm report of the statement.  There was also a news story on the BBC website.

The defendant, a former BBC radio presenter turned YouTube blogger, published defamatory allegations on his channel and website, claiming that the claimant, a Detective Constable, had acted unlawfully and unprofessionally during a police investigation into his conduct. The defendant was convicted in 2022 on 4 counts of stalking, as a result of this investigation, and sentenced to five and a half years in prison. The defendant accepted liability, publicly retracted the false allegations, apologised unreservedly for the damage and upset he caused and paid the claimant a substantial sum in respect of compensation and her legal costs. The statement is available to read in full here. More information is available from the BBC, the Enfield Independent and Inforrm.

New Issued cases

There were two defamation (libel and slander) claims and one Norwich Pharmacal application filed on the Media and Communications list last week.

Last week in the courts

On 29 April 2024, the court heard the appeal brought by HM Treasury and the Department for Levelling Up, Housing and Communities in an attempt to overturn a decision of the Information Commissioner. In July 2023, the Information Commission ruled that the government should reveal available data on decision-making in relation to social care funding in a challenge brought by Access Social Care (ASC). Press releases from Doughty Street and ASC are available. Judgement was reserved.

On 1 May 2024, the High Court handed down judgement in the data protection case of McLoughlin v Chief Constable of Kent Police [2024] EWHC 990 (KB). The case concerned a claim against the Chief Constable of Kent police, which alleged that he produced a witness statement containing inaccurate personal data during 2016 criminal proceedings against the claimant. The defendant Chief Constable’s application to strike out the claim and/or for summary judgement was dismissed at first instance by HHJ Parker in May 2023. The defendant appealed to the High court and Kerr J allowed the appeal on the basis that the claim was an abuse of process as it constituted an attempt to re-litigate issues previously determined and undermine the claimant’s criminal convictions. The second ground of appeal, on meaning and the inaccuracy of the data, failed, however the success of the abuse of process ground proved fatal to the claim. 5RB summarised the decision.

As mentioned above, on 2 May 2024, there was a statement in open court in Percival v Belfield QB-2022-000902.

Media law in other jurisdictions

Australia

On 30 April 2024, the Supreme Court of Victoria handed down judgement in the case of Tziotzis v Nine Entertainment Co Pty Ltd [2024] VSC 203. The plaintiff, a funeral director and principal of the second plaintiff, the funeral home, were the subject of a broadcast which accused him of stealing jewellry and clothing given to him in his professional capacity to put on the deceased’s body. The defendants sought to have the claim struck out on the basis that the broadcast was not capable of giving rise to the imputations pleaded. The court refused to strike out the broadcast and ruled that the case should proceed to trial [68].

Bruce Lehrmann has been granted an extension of time to consider appeal after the judge described Network Ten’s statements outside court after judgment as “discourteous” and “misleading”.

Canada

On 30 April 2024, the Civil Resolution Tribunal ruled in favour of the applicant in the case of B.D.S. v. M.W, 2024 BCCRT 410. The applicant sought damages and various protection orders in relation to the defendant sharing his intimate images on the social media platform, X without his consent. The defendant admitted sharing the images, but argued that he cropped out sexual or intimate details and shared the images to help women on X to identify the plaintiff, whom he considered to be a cyberbully. The tribunal held that the image fell within the definition of an “intimate image” and was published unlawfully, without the owners consent. The judge ordered MW to delete or destroy all copied, have them removed and de-indexed from any search engine and pay $5,000 in damages.

Israel

The Israeli government have shut down the local operations of Al Jazeera’s news network under new laws which allow the banning of foreign media on a national security basis. Following the order, police raided the broadcaster’s office in Jerusalem and seized equipment. The government justified its decision by accusing the network of being a “mouthpiece for Hamas,” which Al Jazeera called a “dangerous and ridiculous lie.” The Association for Civil Rights in Israel have filed a request to the Supreme Court to issue an interim order to overturn the ban and Al Jazeera states that it reserves the right to “pursue every legal step.” Critics have called the allegations “unfounded” and suggest they “serve a more politically motivated agenda, silencing critical voices and targeting Arab media.” The BBC, Telegraph, Al Jazeera, CNN, FT, New York Times, The Guardian, The Times of Israel, AP News, EuroNews, and Middle East Eye covered the shutdown.   

United States

Forbes reports that Dan Schneider—who produced hit Nickelodeon shows like “Zoey 101” and “All That”—sued Warner Bros. and producers of the docuseries “Quiet on Set” for defamation, alleging the show that analyzed allegations of toxic workplace culture on Schneider’s shows was a “hit job”.

A judge has dismissed Donald Trump’s motion for a new trial in the libel case brought against bum by E Jean Carroll  in which damages of $83 million were awarded.

Research and Resources

Next week in the courts

On Tuesday 7 and Wednesday 8 May 2024, there will be a final hearing in the case of MBR Acres -v- Persons Unknown QB-2021-003094.

On Wednesday 8 May 2024, there will be a directions hearing in the case of Specialty Coffee Association Limited and another v Odushola KB-2023-002556.

On Thursday 9 May 2024, there will be a permission to appeal hearing in the case of Camacho v OCS Group UK Limited QA-2022-000117.

On the same day there will be a statement in open court in the case of Lu v Telegraph Media Group Limited KB-2024-001213 and a preliminary issues hearing in the case of Jeremy Vine v Joey Barton KB-2024-000733.

Reserved judgements

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

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)

Vince v Associated Newspapers, heard 19 February 2024 (HHJ Lewis)

Pacini v Dow Jones, heard 13 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