The Michaelmas Term begins tomorrow, 1 October 2024 and ends on Friday 20 December 2024.

The Transparency Project has an article detailing challenges faced by journalists and legal bloggers attending magistrates’ courts conducting family justice. Accredited media reporters and ‘legal bloggers’ (someone described under the rules as a ‘duly authorised lawyer’ – a qualified lawyer unconnected with the case, engaged in educational commentary) are entitled to attend hearings even if they take place in private, though they cannot report anything without the court’s permission. The article shows how this scrutiny is not always welcome.

Telegram founder and chief executive Pavel Durov has announced that the messaging platform had removed more “problematic content” weeks after his arrest in France on charges of failing to act against criminals using the app. Durov told the 13 million subscribers of his personal messaging channel that Telegram’s search feature “has been abused by people who violated our terms of service to sell illegal goods”, and that staff had spent the last few weeks combing through Telegram using artificial intelligence to ensure “all the problematic content we identified in Search is no longer accessible.” Durov added that the platform had updated its terms of service and privacy policy to make clear that it would share infringers’ details with authorities — including internet IP addresses and phone numbers — “in response to valid legal requests”. MSN has more information here.

Internet and Social Media

Meta Platforms is rolling out enhanced privacy and parental controls for Instagram accounts of users under 18 in a significant overhaul aimed at addressing growing concerns around the negative effects of social media. The Information Commissioner’s Office (ICO) Children’s Code is clear that minors’ accounts must be set as ‘high privacy’ by default, unless there is a compelling reason not to do so. Reuters has more information here. Read the ICO’s statement in response to Meta’s announcement here.

Cyberleagle has an article exploring how the Online Safety Act 2023 would handle the acquittal of Marieha Hussain, who was charged with a racially aggravated public order offence for carrying, at a pro-Palestine demonstration, a placard depicting Rishi Sunak and Suella Braverman as coconuts.  The prosecution alleged that this was a well-known racial slur. The district judge held that it was part of the genre of political satire, and that the prosecution had not proved to the criminal standard that it was abusive. The OSA is not due to come into force until spring 2025, but is relevant to this example insofar as it requires platforms to make judgments about the legality or illegality of user content, which, as Hussain’s case proves, is not a simple matter.

Data Privacy and Data Protection

LinkedIn has suspended the use of UK user data to train its artificial intelligence (AI) models after the ICO raised concerns. The Microsoft-owned platform was looking to the user-generated content as a source of data for training its AI tools. However, a spokesperson for LinkedIn has said the company believes users should have control over their data, and the company has welcomed future engagement with the ICO. The BBC has more information here. Read the ICO’s statement here.

Sky Bet has been reprimanded by the ICO for unlawfully processing people’s data using advertising cookies without their consent.

Surveillance

A new Federal Trade Commission staff report that examines the data collection and use practices of major social media and video streaming services shows that they engaged in vast surveillance of consumers in order to monetise their personal information while failing to adequately protect users online, especially children and teenagers.

Privacy International has published the fourth edition of its Guide to International Law and Surveillance, which provides “the most hard-hitting past and recent results on international human rights law that reinforce the core human rights principles and standards on surveillance.” Read the press summary here.

Newspapers Journalism and Regulation

The Bureau of Investigative Journalism, Open Democracy and The Bristol Cable have signed up to independent press regulator Impress. They join more than 200 other – mostly small, online and either local or specialist – member publications to Impress, which is the Royal Charter-recognised press regulator. The Press Gazette has more information here.

Events 

Gemma McNeil-Walsh (5RB) will be delivering the next webinar to the Next Generation Media Lawyers members on 10 October 2024 from 1pm to 2pm. Gemma will be speaking on a topic entitled ‘Reporting in the Family Courts: lessons and practical takeaways following Goodman v Walker’. More information on how to book is available here.

Registration for Conference 5RB 2025 is now open. Lord Justice Warby will be the keynote speaker at the conference. Further information on costs and how to register is 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 were two data protection claims issued on the Media and Communications List since the last Round Up.

Media Law in Other Jurisdictions

Australia

ABC managing director David Anderson has commissioned an independent review of the broadcaster’s 2022 coverage of an Australian operation in Afghanistan after more allegations were made about the reporting and the editing of the footage used. The Guardian has more information here.

Canada

On 25 September 2024 Canada’s Bills C-11 (Internet streaming), C-18 (online news), and a new digital services tax came into force with legal and trade challenges, blocked news links amid decreasing trust in the media, cancellation of sponsorship deals worth millions of dollars and a new Google digital advertising surcharge that kicks in next week to offset the costs of the digital services tax. The Michael Geist Blog has an article that analyses the ways that the new laws have backfired.

On 9 September 2024, a unanimous decision from the Federal Court of Appeal fully reversed the factual conclusions of the court below to conclude that Facebook had violated the Personal Information Protection and Electronic Documents Act in connection with the Cambridge Analytica scandal, Canada (Privacy Commissioner) v Facebook, Inc 2024 FCA 140. Rather than sending it back to the Federal Court to be determined by another judge, they reached their own conclusions and invited submissions on remedy. The Canadian Privacy Law Blog has more information here.

Europe

IAPP has an article exploring the EU’s platform liability laws as they relate to generative AI.

Ireland

The Dáil held the Second Stage of the Defamation (Amendment) Bill 2024, where the proposed abolition of juries in High Court defamation cases was hotly contested. The Bill seeks to cut disproportionate awards, legal costs and appeals. The Irish Times and Cearta.ie have more information.

The Irish Data Protection Commission (DPC) has launched a cross-border statutory inquiry into Google Ireland Limited under Section 110 of the Irish Data Protection Act 2018. The inquiry relates to Google’s foundational AI model (Pathways Language Model 2) and, specifically, whether Google complied with any obligations it may have had to perform a data protection impact assessment in accordance with the EU General Data Protection Regulation. The DPC noted that this inquiry is part of a broader effort, along with other EU/EEA authorities, to regulate personal data processed in relation to AI model and system development.

United States

Amended versions of the proposed Children and Teens’ Online Privacy Protection Act — also known as COPPA 2.0 — and the Kids Online Safety Act were approved for House floor consideration on 18 September 2024 during a House Committee of Energy and Commerce markup. IAPP has an article analysing concerns from lawmakers’, which suggest both bills require more time and thought than the 118th Congress has left.

On 19 September 2024, California enacted another law relating to artificial intelligence, this time relating to watermarking.  The new law (SB 942) requires  making certain AI detection tools available at no cost to users. The Data Protection Report has more information here.

The voting machine company Smartmatic and the conservative outlet Newsmax have settled a their defamation lawsuit days before it was set to go to trial in Delaware. The terms of the settlement are not public. The Guardian and CNN have more information.

A judge has ruled that the hit Netflix show Baby Reindeer could be potentially libellous as viewers could easily perceive the show to be a “true story,” allowing for real-life Martha Fiona Harvey to continue seeking $170 million in damages against Netflix. The Independent, Hollywood Reporter and NME are some of the many outlets to provide further information,

Research and Resources

Next Week in the Courts 

On Wednesday 2 October 2024 there be the hearing of an application for permission to appeal in the defamation case of Savva v Riedweg and another KA-2024-000049 .

On Thursday 3 October and Friday 4 October 2024 there will be a trial in the  case of Oliver v Duffy KB-2023-002483.

On 4 October 2024 there will be a pre-trial review in the defamation case of Tattersall v Tattersall QB-2022-002867.

Reserved Judgments

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

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

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)

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