Netflix’s new hit series “Baby Reindeer” is a brutal account of former comedian Richard Gadd’s life in his twenties. It documents his sexual assault by a senior figure in the comedy world and his harassment by a stalker he met while working in a pub.

The show’s popularity, as well as the promise of veracity, led to the alleged stalker being outed as a Scottish woman named Fiona Harvey. Harvey has now said she intends to take legal action against Gadd and possibly Netflix, though no claim has yet been issued. She confirmed her identity as the woman portrayed in the series in a recent interview with Piers Morgan. Variety and The Media Law Podcast explore whether she has a valid legal claim.

A New Yorker story revisiting the conviction of Lucy Letby has been published in the title’s print and mobile app editions despite being blocked on its website to comply with UK reporting restrictions. Letby’s initial trial ended in August last year, when she was sentenced, but a retrial on one count of attempted murder is expected to begin in June 2024. She is also currently waiting to find out whether she has been given permission to appeal her convictions. The full details of her Court of Appeal bid cannot currently be reported for legal reasons. The Press Gazette explores the possibility that the New Yorker article constitutes contempt of court.

The Trust in User Generated Evidence (“TRUE”) project has published a document entitled Evaluating digital open source imagery: A guide for judges and fact-finders. This guide is intended to assist judges and other decision makers in their assessment of open source information, by explaining some of the most common open source investigative techniques. The TRUE project seeks to explore the impact of deepfakes on trust in user-generated evidence in accountability processes for human rights violations.  Joshua Rozenberg has a post about the Guide on his Substack, “A Lawyer Writes”

Internet and Social Media

On 14 May 2024, the UK National Cyber Security Centre and three major UK insurance associations (Association of British Insurers, British Insurance Brokers’ Association and International Underwriting Association, published joint guidance on the approach to ransom payments. The Guidance was prepared for businesses experiencing a ransomware attack with the aim of reducing the overall impact of the incident on the business. The Privacy and Information Security Law Blog has more information here.

Data Privacy and Data Protection

The Information Commissioner’s Office (ICO) have issued a reprimand to Birmingham Children’s Trust Community Interest Company after the personal information of a child was inappropriately disclosed to another family.

A former Management Trainee at Enterprise Rent-A-Car UK Ltd has been ordered by the ICO to pay a fine after admitting he illegally obtained customer data between 18 March 2019 and 1 April 2019.

Surveillance

On 15 May 2024, a London Administrative Court handed down its judgment in the case of ADL & Ors v SSHD [2024] EWHC 994 (Admin). The four Claimants included asylum seekers and survivors of trafficking and were challenging the UK Home Office’s policy of placing people released from immigration detention under 24/7 GPS surveillance, either by shackling them with “fitted” (i.e. irremovable) ankle tags or by requiring them to carry “non-fitted” GPS-enabled devices. The Court found that the Home Office had acted unlawfully in a number of ways, finding multiple breaches throughout the 3-part assessment of human rights law: that any interference with the Claimants’ Article 8 rights were (1) in accordance with the law, (2) necessary in a democratic society in pursuance of a legitimate aim, and (3) proportionate to that legitimate aim. Electronic Immigration Network, Privacy International, 4 Kings Bench Walk and Matrix Chambers have more information.

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.

IPSO

There were no new IPSO rulings issued in last week.

Statements in Open Court and Apologies

On Thursday 16 May 2024, Steve Davies, former chauffeur to HRH Diana Princess of Wales, obtained substantial compensation and an apology from the BBC in relation to allegations, which the BBC has accepted were serious and unfounded, that Mr Davies had leaked confidential information about the Princess. 5RB has more information here. The Press Gazette, Guardian, Times and Solicitor’s Journal are some of the many outlets to cover the apology.

New Issued Cases

There was one Defamation (libel and slander) claim, one Harassment claim and one Miscellaneous claim filed on the Media and Communications list last week.

Last Week in the Courts

On Monday 13 May 2024 there was an application for permission to appeal in the case of Saddler v Chiltern Support and Housing Ltd KA-2023-000055, before Linden J.

On Tuesday 14 May 2024 there was an application for security for costs in the case of Sikhs for Justice and another v Ranger KB-2022-004490. As mentioned above, on the same day a statement in open court was read out in the case of Davies v BBC–KB-2024-000828.

On Thursday 16 May 2024 there was an injunction application in the privacy case of Department for Education v Hercules KB-2024-000389

On the same day, judgment was handed down in De Azavedo Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB) by Linden J. He held that the Deputy Master was wrong to find that the Defendant had an unanswerable defence to the defamation claim of consent; the claim should not have been summarily dismissed. The claim related to an employee whose employment contract’s terms and conditions included a disciplinary procedure. The question was whether the Claimant had impliedly consented to criticisms of the Claimant made by colleagues in the course of the Defendant’s investigation of a workplace grievance against her pursuant to its grievance procedure. Held, there was no evidence of consent to the publications which were the subject of the Claim. Even if, contrary to his analysis, the words “subject to” in clause 20.1 of the Employment Contract meant that the Claimant agreed that others would also have the right to raise a grievance under the Grievance Policy, including a grievance about her, the Grievance Policy merely provided that management may wish or need “to investigate any points raised” by a grievance. It would not follow from these words that she consented to others making defamatory statements about her in the course of the investigation. It could not realistically be said that, by signing the Contract, the Claimant consented to these matters freely and with full information given that this was at a point when the subject matter of the hypothetical grievance was unknown and, therefore, nor could it be known what statements about her would or may be made in the course of the investigation of that grievance [62].

Media Law in Other Jurisdictions

Australia

Victims of sexual assault and harassment will now be immune to defamation lawsuits for reporting crimes to Victorian police as a result of concerns that the threat of legal action was having a “chilling effect” on people coming forward. The state government introduced the Justice Legislation Amendment (Integrity, Defamation and other matters) Bill on 15 May 2024 which will also make it easier to gather evidence in family violence matters. The Guardian has more information here.

Victorian Opposition Leader John Pesutto has settled two defamation actions brought against him by activists Kellie-Jay Keen-Minshull and Angie Jones. The pair had sued him for defamation over their involvement in an anti-trans rights rally on the steps of parliament called “Let Women Speak”. ABC has more information here.

Canada

On 16 May 2024, the Court of Appeal for British Columbia handed down judgment in Martin v Riley, 2024 BCCA 194 (CanLII). Ms Martin applied for a review of an order denying her an extension of time to file an appeal. The crux of her proposed appeal is to challenge the dismissal of her action, alleging fraudulent court orders, and an order declaring her a vexatious litigant. Held, the application for review was dismissed. The judge made no error in principle in concluding that Ms Martin’s appeal has no merit and it is not in the interests of justice to grant an extension of time.

France

A Paris court has acquitted director Roman Polanski of defaming a British actor who accused him of raping her when she was a teenager. In 2019, he told Paris Match magazine that Charlotte Lewis had lied about being sexually assaulted by him four decades ago. Ms Lewis brought the case against the filmmaker. The court’s verdict relates to the charge of defamation and not to Ms Lewis’s accusation of rape against Mr Polanski. Ms Lewis told the BBC she will appeal the decision. The New York Times has more information here.

Thailand

Thai activist Netiporn “Bung” Sanesangkhom died on May 14 2024 while under pre-trial detention for charges related to royal defamation. Her death sparked outcry from human rights advocates, who urged the government to reform the lèse-majesté (royal insult) law and to stop persecuting State critics. Advox has more information here.

United States

A Florida judge has denied an attempt by the former T-Mobile chief executive John Legere to dismiss a $100m defamation suit brought against him by a businessman with ties to people in Donald Trump’s orbit. The suit argues Legere levelled attacks on Cardone’s business and his political and religious beliefs on social media. The Guardian has more information here.

Inforrm has an article exploring the defamatory implications in the recent feud between rappers Drake and Kendrick Lemar. Both artists have launched harsh accusations at one another, including allegations of paedophilia and domestic violence.

Research and Resources

Next Week in the Courts 

On Monday 20 May 2024, there will be a variation application in Rashid Naseer v Adil Farooq Raja QB-2022-002648.

On Tuesday 21 May 2024, there will be a strike out application in Signature Medical Ltd v Mohammed Ali Samara and Ors KB-2023-003096, KB-2023-001398, KB-2023-002548, KB-2023-003054.

On Thursday 23 May 2024 there will be a pre-trial review in Bates v Rubython and Another KB-2023-002975.

On the same day there is a hearing Titan v Okunola KB-2024-000960.

On 23 – 24 May 2024 there will be a Case Management Conference in Lawrence & ors v Associated Newspapers Ltd KB-2022-003316.

Reserved Judgments

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 Colette Allen who is the host of Newscast on Dr Thomas Bennett and Professor Paul Wragg’s The Media Law Podcast (@MediaLawPodcast).