The Fourth Edition of the leading textbook, The Law of Privacy and the Media was published by OUP on 19 November 2024.  This 944 page edition is edited by New Zealand privacy academic, Nicole Moreham and by Adam Speker KC.   5RB has contributed a team of 25 contributors.  More details about the book are to be found on the 5RB website – where a 30% discount is offered on the cover price of £350.

The House of Lord’s Communications and Digital Committee’s Inquiry into ‘The Future of News’ has urged the government to publish draft legislation to address strategic lawsuits against public participation (SLAPPs) in its final report. The Committee criticised the government for its lack of urgency, arguing that there is no longer a “valid excuse for delays.”  The government has ruled out introducing a dedicated SLAPP bill this session with Justice Minister Heidi Alexander cautioning against rushing legislation due to the complexity of the issue. The Press Gazette reported on the Inquiry’s findings.

Lord Hague, who has recently been elected as Chancellor of Oxford University, has urged the government to reintroduce legislation to protect the free speech in higher education. Expressing support for the previous government’s Higher Education (Freedom of Speech) Act 2023, Hague argued that “prejudice should be countered through the rigor of reason, not the comfort blanket of cancellation.” Research Professional News, The Telegraph, Committee for Academic Freedom, and the Oxford Mail covered the story.

A question raised by Labour MP, Tahir Ali, during this week’s PMQs sparked concerns about the government’s commitment to free speech. In the context of calling for legislation to combat Islamophobia, Ali asked whether the Prime Minister would commit to introducing measures to prohibit desecration of all religious texts and prophets, which some have interpreted as advocating for a blasphemy law. In his response, Kier Starmer condemned religious desecration and affirmed his commitment to tackling hatred, but did not explicitly reject the proposal. Free speech advocates, including Conservative MP Sir David Davis, have condemned the response and emphasised the importance of the right to criticise religion. The Independent, The Spectator, The Times, The New Stateman and The Times of India reported on the exchange.

Belfast-based law firm KRW Law has settled its defamation case against former Northern Ireland Secretary Brandon Lewis over a 2022 opinion article concerning Troubles legacy legislation. The article, published on the Conservative Home website, criticised the role of specialist law firms in legacy cases related to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which included controversial provisions for amnesties, later deemed unlawful. In a statement, both sides acknowledged the importance of free speech, especially for politicians who play a key role in formulating legislation, while also recognising the critical role of lawyers in representing victims of the Troubles. The case was resolved amicably, with no allegations relating to the integrity of KRW Law or its partners. The BBC, Belfast Telegraph, Irish News and Irish Legal News have more information.

Mischon de Reya has an article summarising the government’s approach to integrating digital assets into existing legal categories of personal property under the Property (Digital Assets) Bill. Currently, the law only recognises “things in possession” and “things in action” as the two categories of personal proptery. The bill aims to improve legal certain by allowing digital assets, such as cryptocurrencies, non-fungible tokens (NFTs) and digital gilts to be legally recognised.

Internet and Social Media

The European Commission has accused social media platform Bluesky of breaching EU regulations by failing to disclose essential information, such as its number of EU users and where they are legally established. Despite a surge in popularity—driven by dissatisfaction with Elon Musk’s management of X and recent endorsements, including from EU Commission President Ursula von der Leyen—Bluesky has yet to meet transparency requirements. The Commission has contacted EU member states to trace any Bluesky offices within the region but has not reached out to the company directly. Meanwhile, Bluesky’s daily user base in the US and UK has reached almost 3.5 million. The Financial Times, The Register, Reuters and TechCrunch reported on the breach.

Data privacy and data protection

The ICO has published advice for local authorities to help them remain compliant with data protection regulations in the face of tight resources. The Regulator notes the use of section 114 notices – a declaration that expenditure is likely to exceed income – by local authorities, which is considered to be a mitigating factor in relation to compliance but will not prevent the ICO from taking regulatory action. In order to comply with obligations, even where a section 114 notice has been issued, local authorities should manage records effectively, anticipate request volumes and be proactive about publication.

Mishcon de Reya has published a blog summarising the guidance provided by the ICO for organisations who are procuring AI tools for recruitment purposes. It stresses the importance of conducting a DPIA, transparency and data minimisation.

Newspaper Journalism and regulation

Green energy entrepreneur Dale Vince has confirmed his interest in acquiring The Observer as exclusive negotiations between its current owner, Guardian Media Group (GMG), and Tortoise Media near their end. Tortoise, which has pledged to invest £20 million in the newspaper, has indicated that it will finalise the deal or withdraw by Christmas. However, concerns have been raised by Observer and Guardian journalists and former edicots, who fear Tortoise will not offer sufficient stability. Around 500 journalists are expecting to hold a 48-hour strike next week to protest the handling of the sale. The Press Gazette, The Telegraph, FT, Business Matters, The Times and Stroud Times covered the story.

IPSO

Statements in open court and apologies

On 26 November 2024 there was a statement in open court in the case of Kamm v Ross

New Issued cases

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

Last week in the courts

The trial in the case of Smith & Jackson v Surridge (QB-2022-000858) before Saini J began on 25 November and is set to continue until 3 December 2024.

On 26 and 27 November 2024 there was a CCMC in the misuse of private information case of Baroness Lawrence and others v ANL before Nicklin J and Senior Master Cook (KB-2022-003316). The claimants have accused the publisher Associated Newspapers Limited (ANL) of commissioning unlawful activities, including hiring private investigators to surveil them. A further hearing is expected to take place in May 2025. In written submissions, the claimants alleged that some of the ANL journalists’ emails have been deleted, which the defendant “strongly denied.” The Press Gazette covered the hearing.

On 27 November 2024 there was a preliminary issues trial before Susie Allegre (Sitting as a Deputy Judge in the High Court) in the case of Smart Shirts Limited v Sheffield Hallam (KB-2023-004736).

On 28 November 2024 there was a hearing in the case of Titan Wealth v Okunola.  On the same day, there was a hearing in the case of Harcombe v Associated Newspapers (QB-2020-000799).

Media law in other jurisdictions

Australia

Australia has passed groundbreaking legislation set to take effect in November 2025, prohibiting social media platforms from allowing users under 16 to create accounts. Under the Social Media Minimum Age Bill, platforms like TikTok, Instagram, Snapchat, Reddit, and X will be required to implement robust age-verification measures. Failure to enforce the ban could result in fines of up to 50 million Australian dollars (£25m), making it one of the world’s strictest social media regulations. Critics of the bill have argued that the implications for free expression, censorship and child safety have not been adequately scrutinized. Sky News, Independent, Guardian, BBC, France 24, The Telegraph, FT and Forbes covered the development.

On 25 November 2024, the Supreme Court of Western Australia handed down judgement in favour of the plaintiffs in the case of McIntosh v Peterson [No2] [2024] WASC 428. The plaintiffs, two Veterinarians and the clinic that they operate, brought a claim in defamation, injurious falsehood, trespass and civil conspiracy against two animal rights activists and a company they operate in relation to a Facebook post depicting their visit to the clinic, which was captioned ‘Exposing Vets for Being Hypocrites.’ The court found that the two activists were liable for the defamatory Facebook post, however the defendant company was not responsible, since it was not a publisher. The plaintiffs were granted damages for defamation and trespass. The Daily Mail, The West Australian, WA Today and News.com covered the judgement.

On 28 November 2024, the District Court of NSW dismissed the second defendant’s application for summary dismissal of the defamation claim on the basis that the statement of claim was not personally served on her in the case of Bottrill v Graham [2024] NSWDC 566. The statement of claim was delivered to an address that the second defendant had lived in until 2013, and which is still occupied by her parents. The judge ruled that even if service had not been effected properly, this would be an insufficient basis for dismissing the claim against the second defendant in its totality [22].

Burundi

A Burundian journalist is facing a 12-year prison sentence after being accused of “attacking the integrity of national territory” and “ethnic aversion” for sharing allegations of government-led arms distribution in a private WhatsApp group of journalists. She denies the charges but has been detained for seven months and at a High Court hearing, the Public Prosecutor requested twelve years’ imprisonment and a fine of one million Burundian francs. The International Federation of Journalists and the Union Burundaise des Journalistes have condemned the case as a suppression of press freedom.

Europe

On 28 November 2024, the European Parliament overwhelmingly passed a resolution demanding the immediate and unconditional release of pro-democracy activist Jimmy Lai, who has been detained in Hong Kong in relation to politically motivated charges since 2020 and now faces life imprisonment. The resolution highlights the harsh conditions faced by political prisoners in Hong Kong, noting Lai’s age, diabetes, and denial of Holy Communion. It also calls on Hong Kong authorities to “release all pro-democracy activists” and “drop all charges against them.” Doughty Street’s press release is available here.

Israel

The Israeli government has unanimously approved a proposal to ban government-funded bodies from advertising in or subscribing to Israel’s oldest newspaper Haaretz. The progressive news outlet is accused of “damaging Israel’s legitimacy” through its critical coverage of the war in Gaza. Haaretz characterised the development as an attempt to “silence a critical, independent newspaper.” The move has raised concerns from the International Federation of Journalists, who view it as a threat to press freedom, media pluralism, and the public’s right to information. CNN, the Guardian, The Jewish Chronicle, Middle East Eye, UnHerd, Al Jazeera, inews and Haaretz covered the development.

Malaysia

Herbert Smith Freehills has an article explaining the amendments to Malaysia’s Personal Data Protection Act which were passed earlier this year. These changes include a mandatory breach notification, appointment of a data protection officer and the right to data portability.

United States

Rock musician, Marilyn Manson has dropped his defamation claim against his former partner, actress, Evan Rachel Wood, and agreed to pay her $327,000 in legal fees. In 2021, Wood accused Manson of sexual assault, violence, coercion, psychological abuse, grooming and intimidation on social media, which led to other women speaking out with similar allegations. In 2023, a court ruled against sections of the defamation claim, which Manson had appealed at the time. The Guardian, London Evening Standard, Deadline, VICE, Sky News, Variety and Rolling Stone reported on the development.

Rapper, Drake has filed a second legal petition in Texas against Universal Music, accusing the label of defamation over his rival Kendrick Lamar’s song, ‘Not Like Us’, which was released during the artists’ feud earlier this year. Drake claims the song falsely portrays him as a sex offender and alleges Universal deliberately promoted it to generate viral success and profit. This follows a separate filing in New York, accusing Universal of illegally boosting the song’s visibility on Spotify. While not a lawsuit, the petition seeks to compel Universal to preserve evidence for potential future legal action. Universal has dismissed the accusations as “offensive and untrue.” The BBC, Euronews, Rolling Stone, VICE, Variety and the Guardian covered the story.

Research and Resources

Next week in the courts

On 2 and 3 December 2024 Saini J will continue hearing the trial Smith & Jackson v Surridge (QB-2022-000858) which began on 25 November December 2024.

On the same days there will be a trial in the case of Ashley v The Commissioners for His Majesty’s Revenue and Customs  KB-2024-000136 before Heather Williams J.

On 2 December 2024 Aidan Eardley KC will hear a pre -trial review in the breach of confidence case of Zurius v Secretary of State for Health and Social Care (QB-2020-003210)

On Tuesday 3 December 2024 there will be a hearing in the case of Sahota v Middlesex Broadcasting Corporation QB-2019-000261.

On Thursday 5 December 2024 there will be hearings in the cases of David Kezerashvili v BBC KB-2024-00094  and Zoe Harcombe v Associated Newspapers QB-2020-000799

On Friday 6 December 2024 there will be a hearing in the data protection case of Walker v Vardags KB-2023-002294

Reserved judgements

Miller v Peake, heard 18 to 20 November 2024 (HHJ Parkes KC)

RTM v Bonne Terre Limited and another, heard 11 to 15 November 2024 (Collins Rice J )

Vince v Bailey, heard 11-12 November 2024 (Pepperall J)

Vince v Tice and Vince v Staines heard 11 November 2024 (Pepperall J)

Salman Iqbal v Geo TV Limited, heard 5 November 2024 (Underhill LJ, Dingemans LJ and Warby LJ)

Secretary of State for Education v Marples, 4 November 2024, (Sir Peter Lane)

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

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.