The legal year ends on Wednesday 31 July 2024, the last day of the Trinity Legal Term.  The Michaelmas legal term begins on Tuesday 1 October and ends on Friday 20 December 2024.

The far-right campaigner, Tommy Robinson is reported to have screened the film Silenced at a London demonstration in contravention of a High Court order. The documentary was subject to a court injunction prohibiting its release, as it repeated false claims about a Syrian refugee that led Robinson to lose a libel case in 2021. Robinson was due to attend a contempt of court hearing just 48 hours after the film was aired and could face up to two years in prison.The screening took place in the context of a protest organised by Robinson in Trafalgar Square and counter-protest organized by Stand Up to Racism and the Peace and Justice Project. Eight people were reported to have been arrested following clashes and an assault on an emergency worker. The Guardian, The Telegraph, Metro, Daily Mail and The Sun covered the story.

In response to inaccurate press reports concerning comments made by Culture Secretary Lisa Nany,. Hacked Off  has drawn attention the “cast-iron commitments” made by the Labour Party in 2012 to introduce independent regulation and proceed with a second inquiry.

Internet and Social Media

Open AI has asked a New York court to order the New York Times to hand over “underlying reporter’s notes, interview memos, records of materials cited, or other ‘files’” in response to the newspaper’s lawsuit against the tech company. OpenAI argues that the disclosure is necessary to prove that the material can be characterised as original works of authorship under US copyright law, whilst The New York Times described the request as “harassment and retaliation” that would have a chilling effect on its reporting. The Press Gazette covered the development.

Ofcom has fined the social media company TikTok £1.875 million for failing to respond to formal requests about its parental controls safety feature. The failure led to delays in the publication of the regulator’s safety transparency report. Read the press release here.

Socially Aware blog has a post examining the push back against recently introduced laws in Mississippi, New York and California that seek to regulate the use of social media by minors.

Data privacy and data protection

The ICO has reprimanded an Essex School that unlawfully introduced facial recognition technology in March 2023 to process cashless payments from students who used the canteen. The school failed to conduct a data protection impact assessment and did not properly obtain clear permission from students to process their biometric information. The school also did not consult with parents or students before implementing the technology. Read the ICO’s press release here. Mischcon de Reya analysed key takeaways from the decision.

The social media platform, X is facing scrutiny from data regulators in the UK and Ireland after it was revealed that users’ posts are automatically consented for use in building AI systems through a default setting. The data watchdogs have contacted X about this issue, highlighting that the app’s default setting permits posts to be used for training Grok, an AI chatbot. This practice may violate UK GDPR regulations, which prohibit using pre-ticked boxes or default consent methods for data collection. The Financial Times, the Guardian, Politico, EuroNews and TechCrunch covered the developments.

Surveillance

The US Competition Watchdog, the Federal Trade Commission has launched a review of the practice of “dynamic pricing” whereby customers are targeted with personalised prices based on their personal data. The Chair of the FTC, Lina Khan, stated that companies are collecting a “vast trove of personal information to charge people higher prices” in what has been dubbed “surveillance pricing.” The Telegraph has more information.

Newspaper Journalism and regulation

The Mail Online, The Independent, and the Daily Mirror and Daily Express websites have become the first major UK publishers to adopt a “consent or pay” model, reports the Press Gazette. The new approach, which aligns with practices used in Germany, offers users the choice to accept cookies or pay a fee for a cookie-free experience. Paying subscribers will still see ads but will not have their data shared with advertisers, avoiding personalized ads.

Events

The Press Gazette is holding the Future of Media Technology Conference on 12 September 2024. The event will include sessions on paywall strategies and Newsroom transformation in the age of AI. Tickets are available 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 and one application for a Norwich Pharmacal Order filed on the media and communications list last week.

Last week in the courts

On Monday 22 July 2024, the trial in Hibbert v Hall began. On the same day, the trial in Ahmed v Akbar will continue.

On Tuesday 23 July 2024, there was a trial of preliminary issues before Aidan Eardley KC in Paisley v Linehan QB-2021-004541.

On Wednesday 24 July 2024, there was an application by the Defendant in Sully & others v Mazur KB-2024-001330.

On Friday 26 July 2024, there was an injunction application before Aidan Eardley KC in Sully v Mazur KB-2024-001330.

Media law in other jurisdictions

Ireland

The Irish government has announced plans to introduce a new Defamation Bill that would overhaul existing libel laws. The aim of the legislation is to tackle “disproportionate” awards of damages, make it easier for claimants to defend their reputation when “unfairly attacked” and address the concerns of small businesses, who are reportedly the targets of an “increase in unfounded claims of defamation.” The bill includes provisions against SLAPPs and plans to abolish juries in High Court defamation trials. The legislation is due to be published next week and introduced in the Autumn. The BBC, Irish Legal News, The Irish Times, Belfast News Letter, RTE, Irish Mirror and the Irish Examiner covered the proposed reforms.

Italy

The European Commission has published a report highlighting the decline of media freedom and growing censorship and harassment in Italy. The government has been criticised for its defamation lawsuits launched against prominent newspapers and the postponement of a parliamentary debate which would have ended the criminalisation of journalists for defamation. The report urged the Italian authorities to urgently “address the situation.” Reporters without Borders called on the Commission to “use all available means to oblige states to uphold press freedom, including withholding funds.” Euractiv, Politico, Financial Times and the Guardian have more information.

Nigeria

Former Presidential Candidate, Peter Obi, has given President Tinubu’s special adviser, Bayo Onanuga, a 72-hour deadline to retract an allegedly defamatory statement made against him. Onauga reportedly accused Obi’s supporters of being behind current nationwide protests against economic hardship. Obi has requested a public apology to be published in four national newspapers or has committed to commencing legal action for damages of 5 billion Naira. The Cable, Daily Post Nigeria and People’s Gazette Nigeria covered the story.

United States

Anne W Breaud, a New Orleans woman who was accused of stalking by Mayor LaToya Cantrell, has filed a federal lawsuit seeking over $1 million in damages. The lawsuit accuses Cantrell, her chief of staff, and eight members of the city’s police department of civil rights violations and defamation. Breaud alleges that Cantrell falsely accused her of harassment and that Cantrell’s chief of staff and police officials improperly accessed her personal state and federal information. ABC News and the Guardian reported on the lawsuit.

A Miami federal court has denied a motion to dismiss Donald Trump’s defamation lawsuit against ABC News and journalist George Stephanopoulos. The lawsuit stems from remarks Stephanopoulos made in March, claiming Trump had been “found liable for rape.” The court held that a “reasonable jury” could find the comments defamatory, making dismissal inappropriate. The case will now proceed to the discovery phase and potentially to trial. The Independent, CNN, The New York Times, Guardian and Fox News covered the ruling.

The Federal Trade Commission (FTC) has reaffirmed that hashing or pseudonymizing identifiers does not make data anonymous. The FTC stressed that persistent online identifiers, including hashed email addresses and device identifiers, continue to track individuals and thus do not exempt companies from privacy obligations. The agency reiterated its stance from previous enforcement actions, highlighting that misleading claims about data anonymisation are deceptive and will be a focus of enforcement. DLA Piper’s Privacy Matters blog has more information.

Research and Resources

Next week in the courts

On Monday 29 July 2024, Collins Rice J will hear an application for a final injunction in the case of Northcott v Hundeyin KB-2023-002761

On the same day Johnson J will hear contempt application in the case of Hijazi v  Yaxley-Lennon.

On Tuesday 30 July 2024 there will be a statement in open court in the case of Singh v Cartland and a return date hearing the case of Synnovis Services 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