US Vice-President, JD Vance criticised Europe’s retreat from protecting free speech at the Munich Security Conference. Vance was expected to speak on issues of security and defence, however he instead used the platform to accuse European governments of stifling free expression and retreating from their “most fundamental values.”

The speech received backlash from several EU officials, including the German Defence Minister, who suggested the comments were “not acceptable.” BBC, The Independent, Sky News, The Guardian, Al Jazeera, The Telegraph, Politico and Reuters reported on the speech.

The Brett Wilson Media Law Blog has an article examining the offence of harassment in the context of the recent criminal case in which a 25-year old retail worker was convicted for sending four videos of herself smiling and farting to her boyfriend’s ex-partner. The defendant was found to have sent the material with ‘malicious intent’ and the complainant stated that she no longer felt safe in her home as a consequence of receiving the videos.

Internet and Social Media

The Brett Wilson Media Law Blog has an article explaining the provisions under the Online Safety Act, including which online service providers will be affected and what duties they will have to comply with. It notes that the new emphasis on reducing censorship and promoting free expression by Elon Musk and Mark Zuckerberg may result in some platforms opting to withdraw their services from the UK to avoid hefty fines, should the regime be strictly enforced.

Data privacy and data protection

The Data (Use and Access) Bill had its second reading in the House of Commons on Tuesday 12th February 2025, having finished its passage through the House of Lords. There were significant debates on amendments introduced by Baroness Kidron to protect copyright materials produced by the creative industries, the watering down of safeguards in relation to automated decision-making and the introduction of a framework to govern digital ID companies. Proponents of the bill emphasised the Bill’s potential for unlocking growth and stimulating innovation, however critics warned about the erosion of privacy and data protection rights, threats to EU-UK data adequacy and need for digital inclusion. Read the Information Commissioner’s response to the bill here. The Guardian and The Independent covered the implications for copyright.

Surveillance

Amnesty International and Human Rights Watch have condemned the UK government’s reported order requiring Apple to grant security authorities access to encrypted cloud data, calling it a severe threat to user privacy worldwide. The secret order, issued by the Home Office in January 2025, targets Apple’s Advanced Data Protection feature, which ensures only users can access their cloud-stored data. Critics warn that this move endangers global digital security by effectively weakening encryption for all users, not just those under investigation.

Newspaper Journalism and regulation

Over 60,000 people have reportedly lodged complaints about a GB News broadcast in which presenter Josh Howie suggested that a church’s commitment to the “full inclusion of LGBTQ+ persons” would also include pedophiles. The comment sparked backlash and led to the Good Law Project setting up a portal to collect complaints. The nonprofit claims the number of complaints now exceeds the previous record for a UK broadcast and plans to submit them to Ofcom before the deadline on Monday. The group argues that Howie’s remark constitutes a harmful slur and breaches the Broadcasting Code. The BBC, Press Gazette, Deadline and The National Scot reported on the story.

Hacked Off have an article emphasising the importance of journalists accurately reporting statistics.

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 (libel and slander) claim filed on the Media and Communication list last week.

Last week in the courts

On 10 February 2025, there was an application by the claimant in the defamation case of Rzucek v Vinnicombe KB-2022-004547.

On the same day, there was a preliminary issues trial in the case of Ware v Waters & another KB-2024-002122 before Eady J. The defamation claim was brought by documentary maker, John Ware against Pink Floyd singer, Roger Waters in relation to comments the musician made in an Al Jazeera programme to suggest that the claimant is a “pro-Zionist, pro-genocider” who supports a genocide of the Palestinian people. The defendant made the accusations in response to a documentary made by John Ware which alleged that Waters is an antisemite. Judgement was reserved. 5RB summarised the hearing. The Independent and The Telegraph have more information.

On the same day, Sheldon J handed down preliminary judgment on meaning in the case of El-Saeiti v The Islamic Centre (Manchester) and others [2025] EWHC 266 (KB). The claimant was a former Imam at a mosque in Manchester who brought a claim in defamation against his former employer, the Islamic Centre, and one of its trustees in relation to statements made about evidence the Imam gave to the public inquiry following the terrorist bombing of Manchester Arena in 2017. The court held that the defendant made a defamatory statement of opinion in a press release which alleged that the Imam gave false evidence to the Inquiry, which would have been revealed had he been cross-examined [68]. Law 360 have more information.

On 11 February 2025, there were applications by the claimant and the defendant in Vince v Associated Newspapers Limited KB-2024-001820. On the same day, Pepperall J handed down judgement in the defamation claim of Vince v Lord Bailey of Paddington [2025] EWHC 287 (KB). Ecotricity founder, Dale Vince brought a defamation claim against the Conservative peer and Greater London Assembly member, Lord Bailey of Paddington for comments that the defendant made on GB News about the claimant’s views on the terror group Hamas, which were repeated in a Crowd Justice post thereafter, once the claimant threatened legal action. Lord Bailey pleaded the defence of truth and honest opinion and applied for summary judgement of the claim. The Independent, Law 360 and Legal Futures have more information.

The court held that the defendant made a statement of fact that “one man’s terrorist is another man’s freedom fighter,” in relation to Hamas [56][60] and a statement of opinion that there are reasonable grounds to suspect that, by using such words, the claimant was calling Hamas freedom fighters [62]. The crowd funding appeal was found to reiterate these statements in addition to the opinion that there are reasonable grounds to suspect that the claimant is an apologist for antisemitic entities [71]. Pepperall J dismissed the defendant’s application for summary judgement, holding that it could not be said that the Claimant had no real prospect of defeating the defendant’s defence.

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

Media law in other jurisdictions

Canada

On 12 February 2025, the Court of Appeal for Saskatchewan handed down judgement in the case of Sawatzky v Prince Albert Golf and Curling Club Inc., 2025 SKCA 16. The appeal concerned whether the defamation claim had been adequately pleaded. At first instance, the judge had struck out the particulars of the alleged defamation and its republication as they did not support facts which could establish a reasonable course of action against the defendant. However, the Court of Appeal found that the republication claim should not have been struck out, as (i) the plain and obvious test for striking out a pleading was not met; (ii) the claimant should not be penalised for being unaware of the precise words alleged to have been repeated to third parties; and (iii) the claimant was neither acting in bad faith nor pursuing a fishing expedition [56-58]. The appeal was allowed on the republication issue and the plainftiff was granted leave to amend his statement of claim.

Poland

The ECtHR handed down judgement in P v Poland (Application no. 56310/15) on 13 February 2025. The applicant was a secondary school teacher who appealed his dismissal on the grounds, among other things, of writing an internet blog for children which included some sexually explicit content. The Polish Court of Appeal dismissed the applicant’s appeal and upheld the Disciplinary Commission’s decision, holding that the applicant was in breach of the obligation to shape the moral and civic attitudes of students and was “unworthy of the teaching profession.”

The ECtHR stated that Article 8 did not apply, as “the underlying reasons for the applicant’s dismissal from work were sufficiently linked to his private life.” However, there was a violation of Article 10 of the ECHR as the blog did not threaten the protection of morals of minors in a manner proportionate to the sanction, which entitled the claimant to EUR 2,600 for non-pecuniary damage.

Syria

The International Federation of Journalists (IFJ) sent a letter to Syrian President, Ahmed al-Sharaa calling for the reversal of the decision to dissolve the General Assembly of the Syrian Journalists’ Union. The IFJ calls the act a “severe incident of political interference in the work of trade union organisations.”

United States

A US Circuit Judge has ruled that the company, Ross Intelligence’s use of legal content owned by Thomson Reuter’s provider, Westlaw to train an AI tool was not fair use. Ross had attempted to license content from Westlaw but, after being denied, acquired 25,000 Bulk Memos built using copyrighted Westlaw headnotes. The court found that Ross infringed 2,243 summaries, as the copied language closely matched Westlaw’s headnotes rather than the original case opinions. The judge rejected Ross’s fair use defense, stating its use was commercial, non-transformative, and aimed at competing with Westlaw. Press Gazette, Reuters, Skadden and Wired covered the ruling.

Research and Resources

Next week in the courts

On Tuesday 18 February 2025, there will be an appeal hearing in the case of Mullen v Lyles KA-2024-000119.

On Thursday 20 February 2025, there will be a trial of a preliminary issue in the case of Prospect v Evans KB-2024-000030.

Reserved judgements

Ware v Waters & another, heard 10 February 2025, (Eady J)

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

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.