Reform UK were accused of running fake AI-generated candidates in the general election after several candidates were reported to have provided no contact details, photos or biographies. The party stated that all of its 609 candidates were real, albeit some were non-campaigning paper candidates.

The Electoral Commission does not require candidates to undertake a minimum level of campaigning and explained that they would be unable to investigate as they must accept nominations at face value. Richard Tice, Reform’s chairman, called the reports “defamatory and libellous.” The BBC, Byline Times, Guardian, The National covered the story.

The Law Commission is seeking opinions on whether a criminal case should be considered “active” from the point of charge rather than arrest, which could expand media reporting during investigations. Currently, legal proceedings are active from arrest, but following the ruling in ZXC, publishers struggle to determine if their reporting risks contempt of court. At this point, the Commission has provisionally suggested keeping arrest as the starting point for active proceedings but is consulting further until November, noting that starting at charge could increase the risk of prejudicing proceedings, especially in high-profile cases. The Press Gazette reported.

Jaffa Law has published an article on the question of whether you can sue trade unions, considering the recent case of Prospect v Andrew Evans.

Doughty Street Chambers has a blog post analysing the judgement in Versi v Husain.

Internet and Social Media

The latest Public Law Podcast examines the regulation of AI, and how regulation should be balanced with innovation. The guests consider the approach taken by the previous Conservative government and predict how Labour might tackle AI. They also consider how AI is used in the public sector, focusing on the transparency and accountability issues it raises for data subjects.

Data privacy and data protection

The ICO have encouraged the public to read privacy notices when signing up to use apps. The regulator has published a series of videos explaining the importance of protecting personal information.

Recent police audits conducted by the ICO in relation to forces’ compliance with FOIA resulted in 152 recommendations for improvements. The investigation recommended improvements to policies, procedures and training and found that best practice involved support from senior leadership and proactive disclosures. The Regulator has recently issued enforcement notices against the Dyfed Powys, Metropolitan and South Wales police for poor FOI response rates and significant backlogs. The ICO has more information available here.

Surveillance

Islington Borough council passed a motion to stop the use of live facial recognition surveillance in the borough, joining Newham and Haringey Councils, who have passed similar motions. The motion can be found here and the debate is available to watch here.

Newspaper Journalism and regulation

The owner of the Daily Mail, Metro and the i, DMGT, has withdrawn from the bidding process for The Telegraph as the auction begins anew. DMGT cited concerns over a “protracted regulatory process” due to potential competition issues and difficulties in raising capital due to a new law banning foreign governments from investing in UK newspapers. The auction for The Telegraph and The Spectator magazine is reopening following a failed bid by Redbird IMI. The Independent, Financial Times, City AM, The Times, Press Gazette reported on the development.

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

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

New Issued cases

There was one defamation (libel and slander) claim, one injunction claim and one part 8 claim for permission to read statement in open court filed on the Media and Communications list last week.

Last week in the courts

On Monday 8 July 2024, Steyn J heard an application by the defendant in the case of Parish v Wikimedia Foundation, KB-2024-000622.

On the same day, Aidan Eardley KC heard a pre-trial review in the case of Hibbert v Hall, KB-2023-002102.

On Wednesday 10 July 2024, there was an approval hearing in the case of Idris Egal (a Protected Party by Sara Adan his Litigation Friend) v The Home Office QB-2021-002627.

On Thursday 11 July 2024 and Friday 12 July 2024 there was a hearing in Hemming v Poulton QB-2020-003558/KB-2023-002707. 

On Friday 12 July 2024, there was a return date hearing in the case of RBT v YLA KB-2024-001672.

Media law in other jurisdictions

Australia

Maddocks have an article examining the implications of the regulation of digital platforms in New South Wales and the Australian Capital Territory, Part A of which came into force on 1 July 2024. The reforms apply to material published on a wide array of digital platforms, including social platforms, review websites, search engines and forum platforms. They include new exemptions from liability in defamation cases for digital intermediaries in certain circumstances, greater flexibility for publishers in what they can include in offers to make amends and a new statutory defence for digital intermediaries who embed a streamlined complaints mechanism for users of their platform.

Canada

The latest Law Bytes podcast episode explores Canada’s CRTC Bill C-11 Decision, which requires streaming services to pay 5% of their revenues. Former Chief Economist of Spotify, Will page, joins the podcast as a guest to examine the potentially negative impacts the law may have for the Canadian music market.

Ireland

Following a costs hearing before Judge John O’Connor, the Civil Circuit Court found that author and columnist John Waters was liable to pay the full legal costs of Irish Times journalist, Kitty Holland. Waters was found to have defamed Holland by alleging that she was a “bare-faced liar…promulgating lies for money and awards,” which the judge described as a careless and reckless allegation, aimed at making a political point by questioning Holland’s integrity. Waters’ refusal to settle and his approach in court reinforced the decision to award full costs, estimated at €150,000, in addition to €35,000 in damages. The Irish Times and Breaking News covered the ruling.

Kenya

On 8 July 2024, the Kenyan High Court in Kajiado ruled that the 2022 killing of Pakistani journalist Arshad Sharif by Kenyan law enforcement was unlawful. Sharif’s widow and several journalist organisations had been advocating for justice for almost two years after he was killed at a roadblock in what was claimed to be a case of mistaken identity. The court found that the use of force against Sharif was arbitrary and unconstitutional, and criticized the Kenyan Independent Policing Oversight Authority and the Office of the Director of Public Prosecutions for not concluding investigations or prosecuting involved officers. Sharif’s family were awarded compensation of KSH 10,000,000 (approx. USD 77,000). The International Federation of Journalists welcomed the decision and urged accountability for those responsible.

Malta

A defamation case brought by the former leader of the Christian conservative party ABBA, Ivan Grech Mintoff, against the progressive political party, ADPD was dismissed. Mintoff brought the claim after ADPD alleged that he had behaved improperly during a visit to a children’s performance teaching children about gender fluidity. In March 2023, a member of ADPD asked the Commissioner for Children to investigate ABBA and Mintoff over the issue. In handing down judgement, the court held that Mintoff is open to wider scrutiny. Malta Today and the Times of Malta reported.

Switzerland

The Swiss government commission has adopted a draft federal law on digital identity, with the new system expected to launch in 2026. The Legal Affairs Committee of the Council of States reviewed and approved the draft in late June, with a vote of nine to one, and issued recommendations, including automatic face verification when creating a digital ID in person. The draft regulation is now under debate in the Council of States. Biometric Update has more information.

United States

Actress, Rebel Wilson faces a defamation claim brought by the producers of her directorial debut, ‘The Deb’, after she posted on Instagram accusing them of harassment, embezzlement of funds and sabotaging the film. The claim was filed in LA County Superior Court with the claimants alleging in court documents that Wilson “has a history of fabricating false and malicious lies to hide her own lack of professionalism and advance her own self-interest.” Sky News Australia, Los Angeles Times, The Hollywood Reporter, The Daily Mail and Variety covered the story.

Research and Resources

Next week in the courts

On Monday 15 July 2024, HHJ Lewis will hand down judgment in the case of Vince v Associated Newspapers (heard 19 February 2024).

On the same day there will be a consequentials hearing before Hill J in the case of Ashraful Khokan v Jawad KB-2022-004473 and a hearing in the case of Department For Health & Social Care v The Good Law project.

On Tuesday 16 July 2024,  there will be a CMC in the MTVIL litigation, before Fancourt J.  A trial is listed for January 2025.  On the same day there will be a hearing in the case of AKA v LB Haringey.

On Wednesday 17 July 2024, there will be a hearing in the case of Jones Nickolds v Pearce.

On Thursday 18 July 2024, there will be hearings in the cases of Pattinson v Winsor and Patrick Earaut v Nicholas Cheyney KB-2023-004154.

On Friday 19 July 2024, there will be a hearing in the case of Sledziewski & Other v Persons Unknown.

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)

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