On Monday 28 October, Johnson J sentenced far-right activist, Stephen Yaxley-Lennon, who goes by the name Tommy Robinson, to 18 months in prison for contempt of court in the case of HM Solicitor General v Yaxley-Lennon (aka Tommy Robinson) [2024] EWHC 2732 (KB). The High Court heard that Yaxley-Lennon had admitted to 10 breaches of an injunction imposed in 2021 relating to the libel case of Hijazi v Yaxley-Lennon.

In that case, Yaxley-Lennon had made untrue allegations against a Syrian refugee, which he was ordered not to repeat by the court. In breach of the order, Yaxley-Lennon repeated the accusations in a film called “Silenced” which he posted online and aired to thousands of his supporters in Trafalgar Square this July.  The sentence is ‘coercive’ meaning that Yaxley-Lennon could apply to have it partly discharged if he demonstrates a commitment to complying with the injunction going forward, for example by removing the film from social media. 5RB summarised the judgement. BBC, Guardian, ITVX, Sky News, CNN, Reuters, Morning Star, The Sun, GB News, Zelo Street and Middle East Monitor reported on the ruling.

The Society of Editors and the Crime Reporters Association have expressed concern over plans to introduce a presumption of anonymity for firearms officers facing criminal trials, calling it a “significant departure” from the principle of open justice. In a joint letter to the Home Secretary, the organisations sought assurances that the proposals would not be extended in future to apply to all officers who are accused of using force. The anonymity proposal, which would keep firearms officers’ identities hidden unless convicted, followed the acquittal of the officer who fatally shot Chris Kaba in 2022, Martyn Blake. As a result of a successful media challenge which led to the court lifting a previous anonymity order that had protected his identity, Blake is alleged to be in hiding from gang retribution. The Society of Editors, HoldTheFrontPage and Press Gazette have more information.

The three producers suing actress, Rebel Wilson for defamation, after she accused them of theft, bullying, and sexual misconduct on Instagram, have requested a 90-day stay in Los Angeles superior court to investigate the origin of an anonymous website that they say accuses one of them of being an “Indian Ghislaine Maxwell.” In newly filed documents, the producers allege Wilson threatened to “very publicly ruin them” shortly before the website appeared with defamatory statements. Wilson has countersued, reiterating her allegations and filed a motion to strike the defamation claims under California’s anti-SLAPP laws. With the anti-SLAPP hearing set for 21 November, the producers seek a delay to investigate the website’s origins. The Guardian covered the story.

Internet and Social Media

The Cyberleagle blog has published the final installment in a series of reflections on Ofcom’s Illegal Harms Consultation, which is due to be published in December. The article argues that data protection law was not given much consideration whilst the Online Safety Act was being debated and suggests that there may be tensions in complying with the two regimes. One such potential area of tension includes the requirement for providers to make judgements about the legality of content and the data protection principle of data minimisation, as providers may need more contextual information to reach a conclusion, which may, in turn, breach data protection laws.

Data privacy and data protection

The ICO, along with 16 other global data protection authorities have issued a follow-up statement regarding how social media companies can protect personal information from mass scraping. The statement follows guidance issued last year, which outlined the privacy risks associated with data scraping and recommended that platforms take steps to detect bots and identify and block data scraping activity. The follow-up statement offers additional guidance, including updating safeguarding measures and ensuring that permissible data scraping is done lawfully.

The Information Commissioner, John Edwards, has also published a blog examining the ripple effect of data breaches. The ICO revealed that nearly 30 million individuals have had their personal data lost or stolen with 30% of those experiencing emotional distress. The Commissioner emphasized the need for “empathy and action” from companies and urged organisations across the UK to recognise the real-world harms caused by data breaches.

Surveillance

Electronic Frontier Foundation has an article on ‘The Human Toll of ALPRs,’ or automated license plate readers. The technology makes use of real-time computer-controlled camera systems which capture license plate numbers as drivers pass by and compares them to a database of vehicles sought by the police. The article offers several examples of the impact on ordinary citizens when these systems misread number plates, when officers fail to check a flag before making arrests, where outdated information is retained on police databases and in instances of abuses of the system by officers for personal gain.

Newspaper Journalism and regulation

GB News has been fined £100,000 by Ofcom for breaching the regulator’s due impartiality rules in relation to its program, People’s Forum: The Prime Minister, in which the then Prime Minister, Rishi Sunak, was allowed to promote his government’s policies and performance “mostly uncontested.” The program was broadcast in the run up to the General Election, breaching Rules 5.11 and 5.12 of the Broadcasting Code. Ofcom stated that the financial penalty was issued due to the “seriousness and repeated nature of this breach,” and will require the broadcaster to publish a statement of its findings on a date determined by the regulator. As GB News is challenging the decision by way of judicial review, the sanction will not become enforceable until those proceedings are determined. The Independent, Sky News, Guardian, Press Gazette and City AM covered the story.

In a letter to the News Media Association, the Prime Minister emphasised the government’s commitment to “always champion press freedoms.” Kier Starmer stated that whilst both AI and the creative industries are central to driving economic growth, he “recognize[d] the basic principle that publishers should have control over and seek payment for their work, including when thinking about the role of AI.” He suggested that the Digital Markets and Consumers Act would help to rebalance the relationship between platforms and publishers who rely on them. In the same letter, the PM also reiterated his government’s commitment to tackling the use of SLAPPs “to protect investigative journalism.” More information is available from News Media Association, News Media Coalition, Press Gazette, Guardian, Burnley Express and The Star.

Hacked Off reported on comments made by former Downing Street Press Officer, Alistair Campbell on his The Rest is Politics podcast. Campbell suggested that the new Labour government’s decision not to proceed with a Leveson 2 inquiry could be a “mistake” that could result in giving “the green light to the press to do what the press likes to do.” The podcast hosts also discussed the impact of fewer local newspapers and the influence of media magnates, such as Rupert Murdoch and Elon Musk, on the news landscape.

IPSO

Statements in open court and apologies

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

New Issued cases

There were three defamation (libel and slander) claims, one misuse of private information claim and one misinformation claim filed on the media and communications list last week.

Last week in the courts

On Monday 28 October and Wednesday 30 October 2024, there was a PTR in the case of Atole Timothy Enaholo v Claims Governance Totally PLC and another QB-2022-001025.

As aforementioned, on Monday 28 and Tuesday 29 October 2024, there was a 2-day contempt application before Johnson J in the case of Hijazi v Yaxley-Lennon QB-2019-001740, which resulted in the respondent being sentenced to 18 months in prison for contempt of court.

On 25 October 2024, Knowles J handed down judgement in the case of Northcott v Hundey [2024] EWHC 2704 (KB). Journalist, David Hundeyin had published defamatory allegations against the documentary maker, Charlie Northcott on Substack and X in 2022, wrongfully accusing him of sexual misconduct in the workplace. In June 2024, Master Stevens granted the claimant judgement in default, due to the defendant’s failure to defend the claim. In the remedies hearing, Knowles J awarded the claimant £95,000 in damages, including aggravated damages and ordered the website operator to remove the offending part of the article. 5RB summarised the judgement.

On Tuesday 29 October, Richard Spearman KC handed down judgment on a preliminary issue in the data protection claim of Joseph Pacini, Carsten Geyer -v- Dow Jones & Company Inc [2024] EWHC 2714 (KB). The claimants, two investment bankers, argue that two articles published by the defendant, Dow Jones, on the Wall Street Journal website were inaccurate and misleading, in breach of the UK GDPR and the Data Protection Act (DPA) 2018. There were two issues before the High Court: (i) the meaning of any personal data contained within the articles complained of; and (ii) whether any such data is criminal offence data within the meaning of Article 10 of the UK GDPR. The hearing was the first in which the Court was asked to determine the “meaning” of personal data as a preliminary issue in a data protection claim, which is more commonly associated with a defamation claim.

The claimants submitted that when determining whether information comprises of the personal data of an individual, the court must take a holistic approach [42], whilst the defendant argued that “a more literal and “granular” approach may be appropriate when considering data issues” and that the court is not required to “unhesitantly apply defamation law principles in the context of data claims.” The judge held that he would determine the single meaning of the data by “considering the articles as a whole and interpreting each element of them by reference to the meaning that the hypothetical reader would take from it, read in its full context,” and apply the principles for determining the natural and ordinary meaning of the words [82].

The Court’s finding on the meaning of the personal data in the articles complained of is set out at [83-84] and includes the information that there is a civil claim against the claimants in the Cayman Islands which alleges that they conspired to defraud an investor and that the first Claimant received secret profits from the alleged fraud. Further submissions by counsel for the claimants and defendant did not cause the judge’s initial view concerning the meaning of the personal data within the articles to change [90],[93]. In respect of the second issue, the court held that the data within the article is not criminal offence data within the meaning of Article 10, as it does not relate to the commission or the alleged commission of any criminal offence, but rather reports that the investor made an allegation that he had been defrauded [112]. The Information Rights blog published an article about the judgement.

On Thursday 31 October, Richard Spearman KC (sitting as a deputy High Court judge) heard applications in the case of Marinakis v Karipidis KB-2024-001325. The case was brought by Greek businessman and football club owner, Evangelos Marinakis, who has accused the defendant of running a “smear campaign,” against him. Marinakis alleges that the defendant made allegations on a website and social media that he was engaged in “match-fixing practices,” extortion, fraud and arson. The defendant denies the claims and argued that the case should be dismissed on the basis that it lacks merit and should not have been brought in this jurisdiction. The Irish News and the New York Times covered the hearing.

Media law in other jurisdictions

Australia

On 30 October 2024, the District court of Queensland handed down judgement in favour of the plaintiff in the defamation case of Hallam v O’Connor and Pyne [2024] QDC 187. Former Labour MP for Cairns, Rob Pyne, made defamatory Facebook posts about the former CEO of the Local Government Association of Queensland, comparing him to Star Wars character, Jabba the Hutt and suggesting that he was “corrupt” and “sought to corruptly influence public officials”. The plaintiff, who suffered an emotional breakdown as a result of the allegations, was awarded over $500,000 in damages. The Guardian, ABC and The Cairns Post covered the judgement.

On 1 November 2024, The Federal Court of Australia ruled that Senator Pauline Hanson’s tweet telling Senator Mehreen Faruqi to “piss off back to Pakistan” was racially offensive and violated Section 18C of the Racial Discrimination Act 1975 in the case of Faruqi v Hanson [2024] FCA 1264. The Court found Hanson’s tweet contained racist, anti-immigrant, and anti-Muslim messages, likely to offend and intimidate people of colour and migrants in Australia, particularly Muslims. The Court rejected Hanson’s defence that her tweet was fair comment in response to a tweet by Senator Faruqi, which raised issues of “colonialism, Treaty with First Nations, reparations and  Republic” following the death of Queen Elizabeth II. The court determined that Hanson’s tweet was an unreasonable personal attack unrelated to the issues Faruqi had raised. Hanson was ordered to delete the tweet within seven days and to cover Faruqi’s legal costs. The Guardian, ABC, The Sydney Morning Herald, Daily Mail, The Irish News and AP News covered the ruling.

Canada

On 29 October 2024, the Supreme Court of BC dismissed the plaintiff’s defamation action in the case of Masjoody v Beacon, 2024 BCSC 1983. The plaintiff had brought a claim against the news outlet, Burnaby Beacon and journalist, Dustin Godfrey for an article which reported a decision of the court in a previous defamation action brought by the claimant against his former colleague. The court dismissed the claim as judicial decisions are protected as a matter of public interest and the defences of privilege, fair comment, justification and responsible communication were made out by the defendant and not overcome by the plaintiff.

On the same day, the Superior Court of Justice of Ontario handed down judgement in the case of Landon v McMahon, 2024 CanLII 103673. The defendant, who lived on the same street as where the plaintiff’s property was located, opposed his application to change planning laws to permit the house to be used as a bed and breakfast. The defendant sent an email to the planning application officer with the defamatory imputation that the plaintiff was engaged in illegal drug activity and was not the owner of the property.  The defendant failed to prove that the defences of truth, qualified privilege or fair comment applied, and the judge awarded the plaintiff $10,000 in damages.

Malaysia

The recently passed Personal Data Protection (Amendment) Act is due to come into effect imminently, which will update Malaysia’s Personal Data Protection Act 2010. The new legislation will require mandatory notification of data breaches, appointment of DPOs, place direct obligations on data processors and remove the personal data rights of deceased individuals. DLA Piper’s Privacy Matters blog has more information.

Mauritius

#KeepItOn Coalition, a global network of more than 330 human rights organisations called on the government to immediately end its decision to shut down social media. The restrictions were put in place following the leaking of conversations between high-ranking politicians, diplomats, lawyers, journalists and police on social media, after a reported wiretapping scandal. The ban is in place until 11 November, one day after the country’s general elections. The opposition have described the prohibition as a political move by the ruling party to avoid defeat.  Al Jazeera, Reuters, Time Magazine covered the ban.

United States

Former Spice Girls singer, Mel B, was unsuccessful in her attempt to have the defamation case brought against her by her ex-husband dismissed, The Mirror, Daily Mail and Daily Record reported. In her biography, Brutally Honest, the popstar alleged that she had an abusive and controlling relationship with her former partner, who has denied the allegations and filed a defamation lawsuit worth £3.9 million, accusing his ex-wife of a “deliberate and wide-ranging campaign to cause him severe emotional distress and destroy his reputation.”

Vietnam

DLA Piper’s Privacy Matters blog has published a summary of proposed updates to data protection laws in Vietnam. The first draft of a new Personal Data Protection Law is currently open for public consultation and is due to be adopted on 1 January 2026. The draft legislation sets out eight personal data protection principles in addition to specific compliance requirements for a number of industries, including direct marketing, behavioural advertising, big data, AI, cloud computing, employee monitoring and recruitment, financial and credit information, health, insurance and social media.

Research and Resources

Next week in the courts

On Monday 4 November 2024, there will be a contempt application in the case of Pattinson v Winsor KB-2024-000256.

On the same day, Sir Peter Lane (sitting as a Judge in the High Court) will hear the appeal and defendant’s application in the case of Secretary of State for Education v Marples KA-2024-000095.

Between Tuesday 5 November and Thursday 7 November 2024, the court will hear the trial in the case of Tattersall v Tattersall QB-2022-002867.

On Friday 8 November 2024, there will be a consequentials hearing in the case of Hibbert v Hall KB-2023-00102.

On the same day, there will be a hearing for summary judgement and public interest test in the case of Vince v Bailey KB-2024-001788.

Reserved judgements

Smith v Poulton & others, heard 23 October 2024 (Linden J)

Prismall v Google UK Ltd, heard 22 October 2024 (Sharp P, Nicola Davies and Dingemans LJJ).

Titan Wealth Holdings Limited and others v Okunola, heard 9 and 10 October 2024

Northcott v Hundeyin, heard 8 October 2024 (Knowles J)

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)

This Round Up was compiled by Jasleen Chaggar who is an advocacy advisor at Big Brother Watch.