On 22 January 2025, News Group Newspapers (NGN) – publishers of the Sun and the defunct News of the World – offered a “full and unequivocal apology” to the Duke of Sussex for “the phone hacking, surveillance and misuse of private information by journalists and private investigators instructed by them at the News of the World”.

In settlement of his claim. NGN also admitted for the first time that beyond the well-chronicled criminality at the News of the World, there had been “incidents of unlawful activities carried out by private investigators working for the Sun”.

Phone hacking at the News of the World was not due to be a part of this trial but it is a part of the settlement. NGN agreed to pay “substantial damages” as well as costs. NGN also apologised for the serious intrusion into the private life of the late Princess Diana. Read the full apology here. Settlement was also reached with Prince Harry’s co-claimant Lord Tom Watson, former Labour deputy leader, for “unwarranted intrusion.” Read Inforrm’s coverage of the two days spent in court this week here and here. Read further commentary published on Inforrm here.

The settlement of the claim avoids the testing of evidence at trial which, if proved, would have established very serious, deliberate wrongdoing at NGN, conducted on an institutional basis on a huge scale. In the words of Fancourt J, a successful trial by the claimants “would also establish a concerted effort to conceal the wrongdoing by hiding and destroying relevant documentary evidence, repeated public denials, lies to regulators and authorities, and unwarranted threats to those who dared to make allegations or notify intended claims against the Sun.” Following settlement, Lord Watson announced that he would be sending a dossier of evidence disclosed to the claimants during the proceedings to the Metropolitan Police. Both claimants feel that the admission of unlawful behaviour by private investigators working for the Sun and the confession that the company lied are worthy of further police investigation. Hugh Grant, who reached a similar scale of settlement with NGN last year, has backed Prince Harry and Lord Watson’s calls for a new police investigation.

CNN, The New York Times, BBC, Reuters, Hacked Off, Press Gazette and Sky News are some of the many news outlets to cover the settlement and consider what may happen next.

On 24 January 2025, the Court of Appeal overturned the decision to maintain the anonymity of the three judges who oversaw family court proceedings related to the care of Sara Sharif, Tickle v BBC and Ors [2024] EWHC 3330 (Fam) [pdf]. The judges can be named next week. Sir Geoffrey Vos said “In the circumstances of this case, the judge had no jurisdiction to anonymise the historical judges either on 9 December 2024 or thereafter. He was wrong to do so” [71]. The Law Gazette, BBC, Sky News, Transparency Project and Guardian are some of the many outlets to cover the story.

Over 40 legal scholars have signed a letter calling for an independent inquiry into the Met’s policing of a pro-Palestine protest in London on Saturday 18 January 2025, describing it as “a disproportionate, unwarranted and dangerous assault on the right to assembly and protest”. The force said it had arrested 77 people at the demonstration, having banned protesters from gathering outside the BBC’s London headquarters, citing its proximity to a synagogue and the fact it was taking place on the Sabbath. The ban led to the protest being changed to a static rally, but the Met claimed people had broken through police lines in a coordinated effort to breach the conditions. The Guardian has more information here.

Internet and Social Media

The LSE Media Blog has an article on Ofcom’s guide for tackling harms and risks online under the Online Safety Act. Critics have argued that the guidelines do not go far enough. The article analyses the concerns and argues that more and smarter regulation is needed that is up to date with the way children use the internet. It implores the UK Government to push back against the likes of Elon Musk and Mark Zuckerberg, who promote further deregulation of the sector. 

Data Privacy and Data Protection

The seventh annual edition of DLA Piper’s GDPR Fines and Data Breach Survey has revealed another significant year in data privacy enforcement, with an aggregate total of €1.2 billion ($1.26 billion/£996 million) in fines issued across Europe in 2024. Read DLA Piper’s insights into the trends here.

Art, Music and Copyright

Sir Paul McCartney has spoken out about the proposed changes to copyright law, warning “rip off” technology could make it impossible for musicians and artists to make a living. The government is considering an overhaul of the law that would allow AI developers to use creators’ content on the internet to help develop their models, unless the rights holders opt out. In a rare interview with Laura Kuenssberg, Sir Paul said “when we were kids in Liverpool, we found a job that we loved, but it also paid the bills”, warning the proposals could remove the incentive for writers and artists and result in a “loss of creativity”. Read the BBC’s coverage here.

Newspapers Journalism and Regulation

The Information Commissioner’s Office (ICO) has said News publisher’s “consent or pay” cookie models are acceptable providing users have a “genuine free choice” and data protection laws are met. “Consent or pay” is the blunt choice presented to website users, normally via a pop-up notice, that they must either consent to receive personalised advertising when visiting a site, or pay to avoid doing so. The ICO produced guidance on “consent or pay” several months after the Mail, Mirror, Express, Independent, Times and Sun all rolled the model out. The Press Gazette has more information here.

IPSO

Statements in Open Court and Apologies

As mentioned above, on 22 January 2025 NGN published a detailed apology to Prince Harry and Lord Watson as part of the agreed settlement.

New Issued Cases

There was one defamation (libel and slander) claim filed on the media and communications list last week.

Last Week in the Courts

On 20 January 2025 Saini J handed down judgment in the cases of Smith & Ors v Surridge & Ors [2025] EWHC 74 (KB). The two linked claims for libel, misuse of private information and negligent misstatement were dismissed. The claim was brought by two teachers over a joint reference provided by their former school. The references referred to safeguarding issues and were held to mean that the claimants had done something that caused harm to a child or had placed a child at risk of harm. The defence of truth succeeded, and as a result the claims for MPI and negligent misstatement were also dismissed. The defendants were able to rely upon the provision of an employment reference being an occasion of qualified privilege.

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

As mentioned above, on 21 January 2025, the trial in the case of Duke of Sussex v News Group Newspapers begun before Fancourt J and was settled the next day.

On 22 January 2025 Henshaw J handed down judgment in Google LLC & Google Ireland Limited v NAO Tsargrad Media & others [2025] EWHC 94 (Comm). The claims for final anti-enforcement (and ancillary anti-anti-suit) injunctive relief were upheld against three Russian-domiciled defendants. Google’s claims relate to a series of civil judgments made by the Arbitrazh Court of the City of Moscow concerning the termination of online services – including use of Gmail accounts and You Tube channels – in response to the imposition of international sanctions. The Russian judgments purport to compel reinstatement of defined services, and additionally impose astreinte penalties which increase in amount until full compliance with such mandatory coercive orders. An estimate of the accumulated total of some of those judicial penalties was said last year to exceed £1.85 octillion. Google do not accept any of these as legitimate debts.  Henshaw J described them as “exorbitant” and “extravagant, indeed other-worldly, sums of money of a penal nature … bearing no relationship to any measure of compensatory damages” [114](vi). Steps taken to enforce the penal element of such judgments against group assets and assets of affiliated entities in various jurisdictions outside Russia prompted Google to seek anti-enforcement injunctive (‘AEI’) relief and ancillary anti-anti-suit injunctive (‘AASI’) relief in both London and California. The primary basis for seeking injunctive relief was contractual, i.e. preventing unlawful attempts to take advantage of judgments obtained in breach of exclusive forum or arbitration agreements governed by English law in the relevant contractual arrangements. One Essex Court and Transnational Dispute Management have more information.

On 23 January 2025 Collins Rice J handed down judgment in the case of RTM v Bonne  Terre [2025] EWHC 111 (KB).  This concerned a data protection claim brought by a former customer of the defendants, who operate the Sky Betting & Gaming (“SBG”) brand who considered himself to have a gambling addiction.  It was held that the defendant had not obtained his valid consent to the use of cookies or direct marketing emails.  There was a press release from AWO who represented the claimant in the case setting out the background.

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

As mentioned above, on 24 January 2025, the Court of Appeal overturned the decision to maintain the anonymity of the three judges who oversaw family court proceedings related to the care of Sara Sharif, Tickle v BBC and Ors [2024] EWHC 3330 (Fam) [pdf].

On the same day Nicklin J and Master Cook handed down judgment in the unlawful information gathering case of Baroness Lawrence of Clarendon & Ors v Associated Newspapers Ltd (Re Costs Management) [2025] EWHC 106 (KB).  This was a costs budgeting hearing.  The parties combined budgets of nearly £39 million were reduced to a total of just over £8.5 million.  There was a piece in the Law Society Gazette.

Media Law in Other Jurisdictions

South Korea

South Korea has become the second country in the world, following those in the EU, to enact a comprehensive regulatory law on artificial intelligence. The Framework Act on the Development of Artificial Intelligence and Establishment of Trust Foundation, or the AI Framework Act, was promulgated 21 January 2024. and will take effect 22 January 2026. IAPP has more information here.

United States

US President Donald Trump has made good on his campaign promise to rescind the Biden-Harris administration’s executive order aimed at placing guardrails around the federal government’s use of artificial intelligence and setting standards for safe development of the technology. IAPP has more information here.

On 22 January 2025, The New York Times reported that three Democrat members of the Privacy and Civil Liberties Oversight Board received emails from White House Deputy Director of Presidential Personnel demanding they submit letters of resignation by the end of the day 23 January. or face termination. The publication granted anonymity to “three people with knowledge of the situation” due to “fear of reprisal.”

Research and Resources

Next Week in the Courts 

On Monday 27 January 2025 Heather Williams J will hand down judgment in the case of Ashley v The Commissioners for His Majesty’s Revenue and Customs, (heard 2 and 3 December 2024).

On Tuesday 28 January 2025 there will hearings in the cases of El-Saeiti v The Islamic Centre KB-2024-000630 and Johnson v Chief Constable of Bedfordshire QB-2020-002687.

On Wednesday 29 January 2025 there will be the hearing of a strike out application in the   case of Clarke v Guardian News and Media QB-2020-001397.

Reserved Judgments

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

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)

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