On 20 June 2024, the Supreme Court handed down judgement in the case of Mueen-Uddin v SSHD [2024] UKSC 21. The defamation claim concerned a 2019 report titled ‘Challenging Hateful Extremism’, which was published by the Home Office, and contained a footnote referring to the Appellant’s conviction by the International Crimes Tribunal (ICT) in Bangladesh for crimes against humanity. The claimant has always denied the allegations and was convicted in absentia without the possibility of appeal. The High Court struck out the claim as an abuse of process, and the Court of Appeal upheld the decision in [2022] EWCA Civ 1073.

The main issue before the Supreme Court was whether the claim was correctly struck out as an abuse of process. The Supreme Court unanimously allowed the appeal, setting aside the strike out and ordering that the claimant should be permitted to pursue his claim against the Home Secretary at trial.

The Supreme Court held that a collateral challenge to an earlier foreign criminal conviction will not necessarily amount to Hunter abuse, particularly where the accused did not receive a fair trial. The Appellant was not given a proper opportunity to contest the ICT’s ruling and therefore could not amount to Hunter abuse. Similarly, the claim did not amount to Jameel abuse as the allegations published in the Home Office Report were very serious and their effect on the claimant’s reputation was held to be a matter for trial. The Supreme Court also rejected the argument that the court can consider Hunter and Jameel abuse factors together to conclude that, cumulatively, a claim is an abuse of process. Read the Supreme Court case summary and watch the hearings here. 5RB summarised the appeal.

On the same day, the High Court confirmed in a judgement handed down by Steyn J that Trade Unions can sue in defamation in the case of Prospect v Evans [2024] EWHC 1533 (KB). It was held that section 10 of the Trade Union and Labour Relations Act (Consolidation) Act 1992 should be interpreted in line with its natural and ordinary meaning, giving trade unions the right to sue in its own name in any cause of action [48-49]. Doughty Street summarised the decision.

Big Brother Watch hosted a panel event, “Are Liberals Leaving Free Speech Behind?” Speakers discussed whether Britain has achieved the correct balance between free speech and protest rights and whether free expression is being protected online or whether counter misinformation tools result in censorship. Watch the debate here.

Mischon de Reya has examined the key AI commitments in each of the major political parties’ election manifestos. Labour is pursuing a regulatory approach and the Conservatives have signaled a continuation of their existing policies and increased public spending.

Internet and Social Media

The Clean Up the Internet blog has a post arguing that social media platforms must do more to fight back against online fraud by tackling fake accounts and fraudulent activities with the use of identity verification software.

Data privacy and data protection

The cybercriminal gang, Qilin, has shared 400GB of sensitive, private data stolen from the NHS blood test company, Synnovis, following its data hack on 3 June 2024. The data is reported to include patient names, dates of birth, NHS numbers and descriptions of blood tests. NHS England said that it was aware of the purported publication but could not be sure whether the data was real. The National Cyber Security Centre and ICO have confirmed that investigations are ongoing. The BBC, FT, Sky News, Guardian and The Independent covered the story.

Surveillance

An investigation by Big Brother Watch revealed that eight train stations including London Euston, Waterloo and Manchester Piccadilly have been trialing Amazon’s AI surveillance software on their CCTV cameras over the past two years. The software recognised commuters’ images and used the information to predict their age, gender and potential emotions, with the suggestion that the data could be used in future for advertising purposes. Wired, The Times and Mail Online covered the story.

LSE Media Blog published an article titled ‘The Rise of Digital Border Surveillance and the Militarization of Migration Control.’ It argues that the policies championed by security agencies as improving surveillance, they do not address the root causes of migrant and intensify the risks for migrants who undertake dangerous journeys.

Newspaper Journalism and regulation

Analysis of front-page bias by the Press Gazette has concluded that national press coverage of the general election has been even-handed so far. Historically, newspapers in the UK have had right leaning tendencies. However, this pro-Conservative bias has not materialized at the midpoint of the campaign. This contrasts sharply with the 2016 EU referendum when press coverage was strongly in favour of Brexit.

Events

The Information Commissioner’s Office is holding the Data Protection Practitioners’’ Conference on Tuesday 8 October 2024, online. The event will include keynote speakers, workshops and panels. Register for free here.

IPSO

Statements in open court and apologies

Former footballer, Joey Barton apologised on X for suggesting that Radio 2 presenter Jeremy Vine had a sexual interest in children in a series of online posts. In May, the High Court ruled that the posts were defamatory. Barton has agreed to pay £75,000 in damages and legal costs, in addition to a further £35,000 for posts published after Vine issued his claim, which, according to Vine’s solicitors, “gave rise to additional claims for defamation, harassment and invasion of privacy.” Barton will be required to make a statement in open court to apologise for his statements and undertake not to repeat them. The BBC, Guardian, The Independent, Evening Standard, Sky News, iNews, The Mirror, The Sun and The Press Gazette and GB News covered the story. The Brett Wilson Media Law Blog press release is available here.

New Issued cases

There were two defamation (libel and slander) claims and two miscellaneous claims filed on the media and communications list last week.

Last week in the courts

On 17 and 18 June 2024 there was a preliminary issues trial before Steyn J in the case of Hawrami v Journalism Development Network Inc and others, QB-2022-001596.

On 17 June 2024 there was a pre-trial review in the case of Bates v Rubuython KB-2023-002975 before Collins Rice J and a disposal hearing in the case of Codnor v Thorpe QB-2020-004564 before Richard Spearman KC.

On Wednesday 19 June 2024  Hill J handed down judgement in the case of UYI v Abraham [2024] EWHC 1530 (KB). The claimant, a pastor, alleged that the defendant, a former member of the London branch of his Gospel Church, defamed him in a video posted on his Facebook and YouTube channels. Hill J held that the statements bore the defamatory meanings that the claimant intentionally and/or recklessly misled his congregation and the public, acted in a dishonest fashion towards members of his congregation and discreditably supplanted his predecessor.

On Wednesday and Thursday 19 to 20 June 2024 there was a strike out application in the data protection case of Dowding v The Character Group PLC KB-2023-003510  before Richard Spearman KC.

As mentioned above, on Thursday 20 June 2024 the UK Supreme Court (Lords Reed, Sales, Hamblen, Burrows and Richards) handed down a unanimous judgment in the case of Mueen-Uddin v Secretary of State for the Home Department and Styen J handed down judgement in the case of Prospect v Evans [2024] EWHC 1533 (KB).

On the same day, there was also be a hearing in the case of Gill v Lawn Tennis Association Limited KB-2024-000501 and a committal application in the case of Titan Wealth Holdings Limited & Ors v Marian Okunola KB-2024-000960.

On Friday 21 June 2024 there was a return date hearing in the injunction application in RBT v YLA KB-2024-001672 and a hearing in the privacy case of Hibbert & Others v Hall KA-2024-000059.

Media law in other jurisdictions

Canada

On 19 June 2024, the Court of Appeal for Ontario handed down judgement in the case of Athanassiades v Rogers Communications Canada Inc., 2024 ONCA 497. The appellant brought actions in spoilation, intentional infliction of mental suffering, defamation and breach of contract against the respondent in relation to his alleged failure to provide him with internet service. At first instance, the judge dismissed the claims for spoilation and infliction of mental suffering and ordered a mini-trial in relation to the remaining two actions. The claimant appealed the decision. The appeal was dismissed on the basis that there was no procedural unfairness.

France

A journalist who had been investigating French arms sales to Israel was arrested and detained after covering a demonstration outside of the Paris HQ of the military company Exxelia. According to the Syndicat National des Journalistes (SNJ), Exxelia is at the heart of an investigation led by the Paris tribunal for complicity in war crimes. She refused to unlock the code for her phone, which would have potentially revealed documents, files and sources, and was held in police custody for 32 hours. The International Federation of Journalists joined the SNJ in denouncing the “arbitrary detention.”

Thailand

NBC News reports that former Thai Prime Minister Thaksin Shinawatra has been formally indicated on charges of defaming the country’s monarchy.

Research and Resources

Next week in the courts

On 24 June 2024 Collins Rice J will hand down judgment in Bridgen MP v Hancock MP (heard 12 June 2024).

On 25 June 2024 there will be a hearing in the case of Oliver v Duffy KB-2023-002483.

On 27 June 2024 there will be a hearing in the case of Pattinson v Winsor KB-2024-000256.

Reserved judgements

Dowding v The Character Group PLC 19 and 20 June 2024 (Richard Spearman KC)

Codnor v Thorpe,  17 June 2024 (Richard Spearman KC).

Hawrami v Journalism Development Network Inc and others, 17 June 2024 (Steyn J)

Versi v Husain (AKA Ed Husain), heard 7 June 2024 (Susie Alegre)

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

Pacini v Dow Jones, heard 13 December 2023 (HHJ Parkes KC)

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