On Friday 31 May 2024, Belfast’s High Court found that sections 12 – 16 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 were incompatible with press freedom and Article 10 ECHR rights.

The law, which came into force last year, granted automatic anonymity to individuals suspected of sexual assault prior to charge. The anonymity applied for the entirety of the suspect’s life and even 25 years after their death.

Media groups who brought the challenge argued that the law criminalized investigative journalism and would have prevented allegations against Jimmy Saville from being broadcast. Humphreys J stated that there had been “no debate around the issue of the public interest, relevant to the anonymity of suspects, nor any consideration of the need for a fair balance of rights.” The Guardian, Press Gazette, and the BBC reported on the ruling. Doughty Street summarised the judgement.  Inforrm will have a post about this case tomorrow.

Former Hedgefund manager, Crispin Odey, has initiated defamation proceedings against the Financial Times for publishing allegations that he sexually assaulted several women. The original article sourced more than a dozen women’s accounts and since its publication, a further seven women have come forward with similar accusations. Odey denied the reports and the Financial Times signaled their intention to vigorously defend the claim. City AM, Press Gazette, The Telegraph and Law 360 reported on the proceedings.

The Trinity Legal Term will begin on Tuesday 4 June 2024 and will end on Wednesday 31 July 2024.

Internet and Social Media

Mischon de Reya has published an article exploring the evolution of cybercrime, which predicts that AI will enhance the efficiency and scope of cybercriminal activities. It anticipates less sophisticated actors being able to initiate attacks and generative AI being used to execute more convincing email phishing campaigns but suggests that AI may also play a role in advancing the detection and prevention of cybercrime.

Human Rights Groups coordinated online protests targeting Meta’s annual shareholder meeting to call for the end of systemic censorship of pro-Palestinian content, The Guardian reports. This follows a 2023 external audit, which determined that the social media company had repeatedly censored pro-Palestinian creators.

Data privacy and data protection

560 million Ticketmaster customers may have had their personal data stolen after the company’s database was targeted by hacking group, ShinyHunters, who claimed responsibility for the attack. The data – which is purported to include names, addresses, phone numbers and partial credit card details – is being ransomed for £400,000 under the threat of it being sold to third parties. The BBC, Sky News, The Guardian, CBS, NYT, and Information Week reported on the breach.

The ICO has published answers to common questions about how individuals can expect their data to be used during the General Election. Voters should, among other things, be given clear information about how a party is using their data, be told if a political party is using profiling techniques and understand if and how they are being targeted by social media advertising.

Surveillance

Big Brother Watch have initiated a legal challenge against the police’s use of live facial recognition technology after an anti-knife crime community worker was wrongly flagged and questioned following a misidentification. A teenager who was misidentified by live facial recognition technology in a Home Bargains store and accused of stealing is also bringing a legal challenge. The BBC, Daily Mail, The Times and Metro covered the story.

Newspaper Journalism and regulation

Ofcom has published an article explaining its role in the General Election. The regulator emphasises that the “highest level of due impartiality applies” during this period and “political parties and independent candidates must be given due weight across a broadcaster’s TV and radio coverage.” Candidates are not permitted to act as news presenters or interviewers in the run up to the election and on 4 July 2024, broadcasters will not be allowed to report any campaigning or elections issues whilst the polls remain open, nor publish results of any opinion polls.

The News Media Association has called on the political parties to take action to prevent generative AI companies taking their consent without payment in its “election manifesto.” The organization also urged the next government to “put legislative and non-legislative solutions in place to combat SLAPPs,” place “guardrails on the scope of the BBC’s online news services” and maintain “the requirement for local authorities to place public notices in local newspapers.” The Press Gazette, Cambridge News and Hold the Front Page reported the announcement. Read the Manifesto in full here.

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 was one miscellaneous claim, one misuse of private information claim and one defamation (libel and slander) claim filed on the media and communications list last week.

Last week in the courts

There were no media law hearings last week in the legal vacation.

Media law in other jurisdictions

Australia

After successfully defending the defamation claim brought by Bruce Lehrmann, presenter, Lisa Wilkinson is seeking over $1.8 million in indemnity costs from Network Ten. Wilkinson was separately represented and argues that Ten, as her employer, should cover her legal costs. However, there has been an “ongoing reluctance” from the network to pay. The Guardian reported on the development.

Canada

The Michael Geist blog covered the landmark decision by the Federal Court in the case of Blacklock’s Reports v Attorney General of Canada. The court ruled that digital locks do not trump fair dealing, and instead the two must co-exist. Digital locks prevent the circumvention of anti-copying technology on e-books or DVDs that can be used to limit distribution of copyright works. It was also held that passwords do not qualify as technological protection measures, meaning that fair dealing rights even apply to password-protected content.

Hong Kong

14 activists have been found guilty of subversion in a landmark national security case, which saw 47 protestors and activists prosecuted for running unofficial primaries to select opposition candidates for local elections. The court found that the activists’s actions would have created a “constitutional crisis” if their selected candidates had been elected. The prosecutions were brought under the National Security Law imposed by China. The BBC, Al Jazeera, The Guardian, FT, Sky News, NBC and France 24 covered the verdict.

Pakistan

The Punjab Provincial Assembly has ratified the Punjab Defamation Act of 2024, dismissing amendments put forward by the opposition and media groups. The Act was created to restrict the spread of disinformation across digital platforms but has been labelled “draconian” due to its potential to be weaponised against critics and its harsh punishments, including fines and punitive damages, forced apologies, and the suspension or blocking of media platforms and social media accounts. The International Federation of Journalists have called on the local and national authorities to immediately withdraw the legislation and the Pakistan Federal Union of Journalists have announced a series of protests. Read the press release here. The Diplomat, Pakistan Observer, ANI News, Global Voices and Jurist covered the controversial new legislation.

Thailand

The former prime minister of Thailand, Thaksin Shinawatra, has been indicted on charges of lèse-majesté – or defaming the monarchy – in relation to a 2015 interview with a South Korean media outlet, Chosun Ilbo. The politician denies the charges. Shinawatra had returned to Thailand from exile after being overthrown in a coup and recently received a royal pardon in relation to a prison sentence he was serving for corruption offences. The BBC, Al Jazeera, FT, NBC, NDTV, CNN, Nation Thailand and the Council for Foreign Relations covered the development.

Research and Resources

Next week in the courts

On Wednesday 5 June 2024, there will be a renewed PTA in the case of Savva v Riedweg and another KA-2024-000049.

On Thursday 6 June 2024, there will be a trial of preliminary issues in the case of Versi v Husain (AKA Ed Husain) QB-2021-004234. On the same date there will be a return date hearing in the case of JJH v DTH.

On Friday 7 June 2024, there will be a pre-trial review in the case of Khokan v Hossain KB-2022-004473.

Reserved judgements

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

BW Legal Services Limited v Trustpilot,  heard 7 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