The trial of the claims brought by Prince Harry and Tom Watson against News Group Newspapers are due to commence on Tuesday 21 January 2025.  There was a Reuters news report last week and one in the Financial Times.

There were also a number of comment pieces on the forthcoming trial including on the Hacked Off website, in the Guardian and on the BBC website.

On Monday 13 January 2025, the government published the AI Opportunities Action Plan. Matt Clifford, a tech entrepreneur who was commissioned by the Government to draw up the plan proposed 50 recommendations, which were all accepted. In a speech,  Prime Minister Starmer stated his intention to ensure that Britain becomes an “AI superpower” and the Government committed to creating AI Growth Zones, which will be areas focused on AI development, as well as establishing an AI Energy Council and National Data Library that collates public sector data. Read the Government’s press release here.

The ICO expressed support for the plan, citing its publication on emerging AI issues as useful guidance for businesses who are seeking to innovate whilst complying with data protection law. However, concerns have been raised by the Ada Lovelace Institute that the use of AI in the public sector “will have real-world impacts on people” and barrister Susie Allegre has warned of the “dangers of putting too much faith in technology without the resources for effective accountability.” Mischcon de Reya and Osborne Clarke summarised the recommendations and its implications for developers, companies and individuals. The BBC and Guardian reported on the announcement.

Mishcon de Reya has an article about the government’s plans to introduce an offence for the creation of non-consensual, sexually explicit deepfake images under the forthcoming Crime and Policing Bill. The proposals also include making it a criminal offence to take or record intimate images without consent, especially with intent to cause alarm, distress, or humiliation, or for sexual gratification.

Between 14 to 15 January 2025, the Court of Appeal heard an appeal to overturn a decision by Williams J to grant anonymity to judges involved in historical Family Court cases related to Sara Sharif, a 10-year-old murdered by her father and stepmother. Media organisations, including the BBC and journalists, argued that the decision, which prevented the judges from being named publicly, undermines transparency and public confidence in the justice system. Williams J had cited a “real risk” of harm to judges from online threats as justification for the ban, despite acknowledging it was an exceptional measure. 5RB, Transparency Project, The Law Society Gazette, Guardian, Press Gazette, BBC, Telegraph and The Independent have more information.

On Saturday 18 January 2025, TikTok stopped working in the US, in advance of a federal law coming into force, which required TikTok’s parent company, ByteDance, to sell it to a non-Chinese owner or be completely shut down. Efforts to ban TikTok began in 2020 under Donald Trump but faced legislative hurdles until Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act in April 2024. On 17 January 2025, the US Supreme Court unanimously upheld the Act as being constitutional, leading to TikTok “going dark,” as the company stated that selling to a non-Chinese owner was “simply not possible: not commercially, not technologically, not legally.” The UK government stated that it “won’t be following the same path” as the Americans, “unless or until, at some point in the future there is a threat that we are concerned about in the British interest.” However, in a new twist, TikTok appears to have been restored in the US, as incoming President Tump indicated he would sign an executive order to extend the deadline for ByteDance to be sold to a new owner. Sky News, Forbes, BBC, The Guardian, CBS News, NBC and The New York Times reported on the update.

Internet and Social Media

Ofcom has announced that websites hosting pornographic or harmful content must implement “robust” age verification measures for UK users by July under the Online Safety Act to prevent access by children. The methods to verify one’s age will include open banking, photo ID matching, facial age estimation and credit card checks. However, concerns have been raised about privacy, digital exclusion and national security. Sky News, The Guardian, BBC, The Independent, Daily Mail, The Register and City AM, have more information.

The LSE Media Blog has an article examining how decisions to ban TikTok in the US and remove fact-checkers from Meta will affect the online hate and disinformation landscape. It advocates for breaking up media and tech monopolies, preventing conflicts of interests between politicians and tech company owners from dictating policymaking and improving media literacy.

Data privacy and data protection

Austrian data protection NGO, noyb, has filed GDPR complaints against TikTok, AliExpress, Shein, Temu, WeChat and Xiaomi for unlawfully transferring data to China. Noyb argues that data transfers outside of the EU are only permissible to countries that uphold data protection laws; as there is no decision on data adequacy between China and the EU, the companies against whom the complaints are made cannot guarantee that the data cannot be accessed by the Chinese authorities.

Newspaper Journalism and regulation

On Tuesday 21st January 2024, the High Court will hear the trial in the case of Various Claimants v NGN. Prince Harry and former Labour deputy leader Tom Watson are the only remaining claimants pursuing legal action against News Group Newspapers (NGN) in their unlawful information gathering claim. The trial, which is scheduled for eight-weeks, will determine whether useful information gathering took place and whether senior executives at NGN, such as Rebekah Brooks, Rupert Murdoch and James Murdoch, were aware of wrongdoing and sought to conceal evidence. The Guardian, Reuters and the BBC covered the upcoming trial.

IPSO

There are no new IPSO rulings this week.

Statements in open court and apologies

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

New Issued cases

There were two Defamation (libel and slander) claims filed on the media and communications list last week.

Last week in the courts

On Tuesday 14 January 2025, there was a hearing of an adjourned injunction application in the case of Hayden v Doyle, KB-2024-003867.

On Wednesday 15 January 2025, there was a hearing before Tipples J of an adjourned application in the case of Centreview Partners UK LLP v Ajikawo KB-2024-002080.

On Friday 17 January 2025, there was a hearing of an application in the case of Ben-Yair & Yair v Peaford KB-2024-003964.

Media law in other jurisdictions

Australia

On 15 January 2025, the Supreme Court of Western Australia awarded $160,000 in damages, an injunction and costs to the claimant in the defamation case of Michelmore v Brown [No 3] [2025] WASC 9. The claimant is a legal practitioner, who brought an action against her former clients after they sent emails to a spate of judges, courts, the Legal Practice Board, Commissioner of Police and members of Parliament, wrongly impugning her integrity and professional competence. The court held that there was no basis in fact for these allegations and the defences of justification, absolute privilege and qualified privilege did not apply. The Gazette of Law and Journalism published a case comment.

Brazil

On January 15, 2025, Brazil’s data protection authority launched an investigation into Tools for Humanity’s biometric data collection practices used by its Orb Camera technology. The inquiry will examine the context of the data processing activities, the legal bases used, transparency measures, data subjects’ rights, and the potential privacy implications of these operations. Data Guidance and MLex have more information.

Canada

On 13 January 2025, the Supreme Court of Nova Scotia awarded the defendant general damages of $30,000, aggravated damages of $10,000, and punitive damages of $5,000, in addition to her costs in the case of Williams v. Lester, 2025 NSSC 15. Following the breakdown of the parties’ romantic relationship, the defendant had been found liable for sharing an intimate image of the claimant on a website and, without her knowledge or permission, advertising her services for sex work. The image was online for just over one month and was viewed 5,000 times. Though it did not show the claimant’s face, it was accompanied by her first name, neighbourhood, profession and contact details. The claimant received several inquiries about her availability and suffered from psychological and emotional distress as a result. The judge awarded punitive damages due to the defendant’s “attempts to conceal and cover up his misconduct by using an anonymous username in continuing to harass” the claimant.

EU

On Thursday 16th January 2025, the Committee on Civil Liberties, Justice and Home Affairs endorsed Bruno Gencarelli to succeed Wojciech Wiewiórowski as the European Data Protection Supervisor for a five-year term. The body oversees the processing of personal data by EU institutions and bodies to ensure compliance with privacy regulations and provides guidance on data processing. Read the European Parliament’s press release here. Euractiv, EuNews and Heise covered the endorsement.

Nigeria

The Nigeria Data Protection Commission (NDPC) has announced plans to intensify enforcement of the Nigeria Data Protection Act (NDPA) of 2023, with significant fines for violators. In a video message outlining the Commission’s 2025 agenda, Commissioner Dr. Olatunji emphasised the shift towards strict penalties for non-compliance, assuring Nigerians that their data rights will be robustly safeguarded. Leadership, The Daily Trust and Business Day reported on the development.

United States

CNN has settled a defamation case brought by a U.S. Navy veteran and former CIA operative over claims he exploited and profiteered from Afghans during the 2021 evacuation. The settlement was announced hours after a jury awarded him $5 million in damages and will prevent a second trial to determine the value of punitive damages. The broadcaster denied defamation but expressed regret for using the term “black market” to describe the plaintiff’s efforts. Reuters, Al Jazeera, NBC, LA Times, The Daily Mail, NPR, WSJ, AP News and The Hill covered the ruling.

Actor, Justin Baldoni has filed a defamation, invasion of privacy and civil extortion claim against actress, Blake Lively and her husband Ryan Reynolds for $400m. The claim follows a separate legal complaint brought by Lively, which accused Baldoni of sexual harassment during the production of their film, It Ends With Us. Lively also alleged that Baldoni sought to harm her reputation by hiring a crisis manager who launched a “sophisticated, coordinated, and well-financed retaliation plan” against her on social media platforms. Baldoni denies the claims. The BBC, Guardian, Sky News, Independent, Telegraph, Glamour UK, Daily Mail and Cosmopolitan covered the development.

Research and Resources

Next week in the courts

On 20 January 2025 Saini J will hand down judgment in the cases of Smith v Surridge and Jackson v Surridge  (heard 25 November – 3 December 2024).

On the same day Steyn J will conduct a PTR in the case of Clarke v Guardian News and Media.

As mentioned above, on Tuesday 21 January 2025, the trial in the case of Duke of Sussex v News Group Newspapers will begin before Fancourt J.

On Friday 24 January 2025 there will be a hearing in the case of Paisley v Lineham QB-2021-004541.

Reserved judgements

Ashley v The Commissioners for His Majesty’s Revenue and Customs, heard 2 and 3 December 2024 (Heather Williams J)

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)

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

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 the Legal and Policy Officer at Big Brother Watch.