On 5 February 2025, Mrs Justice Steyn refused the application by Noel Clarke to strike out the Guardian‘s defence to his libel claim, Clarke v Guardian News and Media Ltd [2025] EWHC 222 (KB).

Mr Clarke had alleged that The Guardian journalists had deleted and fabricated relevant documents. Steyn J did not find any wrongdoing on the part of the journalists and held that that there had not been any attempt to pervert the course of justice and that the allegation of fabrication had no foundation. The trial is set to begin on 3 March 2025. 5RB, Press Gazette, Matrix, Guardian and Independent have more information.

The UK Government has confirmed it “does not intend to legislate further in the current parliamentary session” against SLAPPs (strategic litigation against public participation) in response to the House of Lords Communications and Digital Committee report on the Future of News Inquiry, published November 2024. Hold the Front Page, The Telegraph and the Press Gazette provide a snapshot of the press industry’s response to the announcement.

Internet and Social Media

The Information Commissioner’s Office has launched a free online tool to help organisations ensure their direct marketing activities comply with UK law – namely the Privacy and Electronic Communication Regulations (PECR) and the UK GDPR. Read the full explanation here.

Surveillance

On 5 February, the two journalists who were found to have been victims of covert surveillance by a Northern Ireland police chief last year (McCaffrey and Birney v Chief Constable of Police Norther Ireland and ors [2024] UKIPTrib8) gave evidence to a Parliamentary Committee which is investigating press freedom in Northern Ireland. McCaffrey and Birney, along with Seamus Dooley, the assistant General Secretary of the National Union of Journalists (NUJ), gave evidence that the police attempted to uncover journalistic sources, which amounted to an “attack on democracy.” The Press Gazette and Irish News have more information.

The UK government has demanded access to encrypted data stored by Apple users worldwide in its cloud service. Currently only the Apple account holder can access data stored in this way: Apple cannot view it. The demand has been served by the Home Office under the Investigatory Powers Act, which can compel firms to provide information to law enforcement agencies. Apple declined to comment. In a statement, the Home Office said it does “not comment on operational matters, including for example confirming or denying the existence of any such notices.” The BBC, Washington Post, Reuters, Guardian and Sky News have more information. Read Privacy International’s response here.

Newspapers Journalism and Regulation

The Mail Online is being sued by a news agency for payment over a supplied picture of 22-year-old Mahsa Amini, the Iranian woman beaten to death for not wearing a headscarf. The publisher is arguing that NewsX, a Community Interest Company that trades as Newsflash, must prove it owns the copyright of the image. NewsX argues that the Iran-based copyright holder of the image would be at risk of reprisals from the country’s regime if they were identified, and by disputing payment, the Mail Online is undermining the economics of original newsgathering and making it less likely such stories would be uncovered in future. The Press Gazette has more information here.

Events 

Bookings are now open for 11KBW’s Information, Technology and Media Law Conference 2025 on Thursday 13 March 2025. The conference will be covering the new developments across information, technology and media Law. 11KBW speakers are expected to include Tim Pitt-Payne KC, Anya Proops KC, Andrew Sharland KC, Christopher Knight, Robin Hopkins, Jamie Susskind, Hannah Ready and Ruth Kennedy, amongst others. Ofcom will also be participating, with Jon Higham (Director of Online Safety Policy at Ofcom) and Rob Haywood (formerly of Twitch, now Principal, Online Safety Policy at Ofcom), to speak about the evolving landscape for regulating intermediaries under the Online Safety Act and the practical challenges and opportunities surrounding online content moderation.

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 was one Defamation claim, one Data Protection claim and one Miscellaneous claim filed on the Media and Communication list last week.

Last Week in the Courts

Between 3 February 2025, there was a -day trial in the case of Samuels v Grant KB-2023-002128 before Sheldon J.

On 5 February 2025, judgment on meaning was handed down by Aiden Eardley KC in Paisley v Linehan [2025] EWHC 228 (KB). Each of the publications were held to be defamatory at common law. They bore the meanings that the Claimant is a paedophile (opinion); the Claimant seeks to normalise adult male nudity in the presence of children (fact) and is therefore rightly to be described as a paedophile (opinion); the Claimant seeks to normalise adult male nudity in the presence of children (fact); and the Claimant is party to a co-ordinated attempt by child-molesters to manipulate, threaten or coerce those who are trying to expose and defeat their strategy of adopting LGBT causes in order to enhance their ability to groom and abuse children (fact). The claim is set to proceed to trial.

As mentioned above, on the same day Steyn J refused the claimant’s application for strike out in Clarke v Guardian News and Media Ltd [2025] EWHC 222 (KB).

On Thursday 6 February, there was an application hearing in the defamation case of Baranoff-Rossine v Filmowicz KB-2023-002426.

On 7 February 2025, the Special Immigration Appeals Commission (SIAC) heard argument over the release to the media of documents from the case of H6 v Secretary of State for the Home Department (SC/205/2023). Yang Tengbo was excluded from the United Kingdom in March 2023. In a judgment handed down in December 2024, SIAC ruled that the Secretary of State was entitled to conclude that the Applicant represented a risk to the national security of the UK. The documents requested this week included a witness statement written by Dominic Hampshire, a senior advisor to Prince Andrew, in support of Yang Tengbo’s appeal against his exclusion from the UK, 5RB reports. The Guardian has more information here.

Media Law in Other Jurisdictions

Australia

On 3 February 2025 judgment was delivered allowing the appeal in Bachelard v Australian Federal Police [2025] FCAFC 5.  The original appeal related to a request for access to three witness statements and a professional standards report arising from an investigation conducted under Part V of Australian Federal Police Act 1979. The Tribunal found that all documents sought by the applicant were exempt or conditionally exempt under the Freedom of Information Act 1982. That decision is to be set aside and the matter be remitted to the Administrative Review Tribunal.

On 4 February 2025, judgment was delivered awarding the claimant $95,000.00 for defamation in Setia v Radio Haanji [2025] VCC 44. The claim related to incorrect and widespread news reports of charges of criminal conviction which the claimant had faced, but were subsequently dropped.

Canada

On 5 February 2025, the Supreme Court of British Columbia refused the application for summary judgment in Wiss v Khan, 2025 BCSC 181 (CanLII). While the claimant had established a prima facie case of defamation, the judge held that the significant unresolved factual disputes required a full trial.

On 9 February 2025, the defendants’ motion to dismiss the defamation action pursuant to the so-called “anti-SLAPP” provisions in section 137.1 of the Courts of Justice Act 1990 was granted in UM Financial Inc. v Butler, 2025 ONSC 480 (CanLII).

France

France is set to host the AI Action Summit 10 February 2025, bringing together international leaders to discuss AI governance at a time of global uncertainty. China and the US will be among the nearly 100 countries attending the summit, which will also host key private-sector AI leaders like Google and OpenAI. Discussions will focus on innovation and the economic growth of AI technology. Reuters also reports that potential nonbinding global AI principles could be unveiled. IAPP has more information here.

India

The IAPP has an article analysing India’s surveillance landscape after the Digital Personal Data Protection Act of 2023. The act is a cornerstone of the country’s data governance framework but it casts a long shadow over individual privacy rights. The government’s increased access to personal data, under the guise of national security, raises urgent questions about the balance between state control and civil liberties.

Research and Resources

Next Week in the Courts 

On 10 February 2025, there will be an application by the claimant in Rzucek v Vinnicombe  KB-2022-004547.

On the same day, there will be a preliminary issues trial in the case of Ware v Waters & another KB-2024-002122 before Eady J and Sheldon J will hand down judgment in the case of El-Saeiti v The Islamic Centre (Manchester) and others KB-2024-000630

On 11 February 2025, there will be applications by the claimant and the defendant in Vince v Associated Newspapers Limited KB-2024-001820.

On 12 February 2025, there will be a hearing in Titan Wealth v Okunola KB-2024-000960.

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)

This Round Up was compiled by Colette Allen, the host of Newscast on Dr Thomas Bennett and Professor Paul Wragg’s The Media Law Podcast (@MediaLawPodcast).