The Court of Appeal has handed down its decision in the appeal of R v Hallam and Others [2025] EWCA Crim 199, which considered the length of the sentences in the “Just Stop Oil” protest cases. The judgment confirms that, even in relation to actions that cause serious disruption or are shocking to the public, the sentencing judge must still consider the conscientious motivation of an offender who engages in an act of civil disobedience. The Human Rights Blog and Matrix Chambers have more information.

On 14 March 2025, campaigners and UK news organisations unsuccessfully attempted to gain access to the Investigatory Powers Tribunal (IPT) that was hearing arguments over the UK Government’s ability to access to Apple users’ encrypted data. Representatives of the top ten news organisations claim it is “outrageous” and “absurd” that the appeal is not public despite “overwhelming” public interest and widespread coverage. Apple is appealing to the IPT after the Home Office issued a Technical Compliance Notice requiring the tech giant to hand over access to its users’ most highly-encrypted data. Journalists, campaigners and barristers waited outside the room to make representations as to why it should be heard in public. The Guardian, Press Gazette, BBC and Computer Weekly have more information.

Data Privacy and Data Protection

As mentioned above, Apple is contesting the UK Government’s order to create a back door that would enable the retrieval of all content uploaded by any Apple user worldwide to iCloud before the IPT and has withdrawn its Advanced Data Protection feature (i.e., end-to-end encryption) for UK iCloud users. The UK Constitutional Law Blog has an article examining the impact of the order on the UK’s ability to maintain its EU data adequacy.

Minister of State for Data Protection and Telecoms Chris Bryant told the IAPP Data Protection Intensive: UK 2025, which took place this week, that the UK’s data reform package is nearing its final form and will likely reach completion later this spring.

Surveillance

On 13 March 2025, Privacy International (PI) filed a complaint against the UK government challenging their use of dangerous, disproportionate and intrusive surveillance powers to undermine the privacy and security of people all over the world. PI answer some key questions about the case and the recent events that led to this development here.

Events 

On Thursday 24 April from 09:00-13:00, the European Society of International Law (ESIL) and the European Court of Human Rights are co-organizing a workshop entitled ‘Artificial Intelligence and Human Rights: New Horizons in European Legal Protection’. The conference will focus on human rights protection in Europe in the age of artificial intelligence.

IPSO

Statements in Open Court and Apologies

Guardian News and Media has agreed to pay Spectator associate editor Douglas Murray “substantial” damages to settle a libel claim [pdf]. The claim related to an Observer column from August 2024 in which writer Kenan Malik claimed that, during an interview, Murray had spoken in favour of the UK’s far-right summer riots. The Press Gazette, Spectator and 5RB have more information.

New Issued Cases

There were five defamation (libel and slander) claims and three Miscellaneous claims filed on the Media and Communications list last week.

Last Week in the Courts

On 10 March 2025, Eady J handed down judgment in Prospect v Evans [2025] EWHC 499 (KB). The High Court ruled that a member of a Trade Union can defame that Union. Steyn J had already determined that a Trade Union acting in its own name (that is, as an “it” not a “they” in this context) was to be treated as having sufficient personality as a quasi-corporation to bring an action in libel to protect its reputation, Prospect v Evans [2024] EWHC 1533 (KB), and Eady J found no reason to depart from this reasoning. The statements made by the defendant were found to mean that there are reasonable grounds for thinking that the claimant trade union is guilty of criminal offences relating to the contents of its annual returns over the past three years, and were defamatory at common law [64].

The trial of the defamation and data protection case of Clarke v Guardian QB-2022-001397 continued this week before Steyn J. The Press Gazette covers the events of this week.

On Tuesday 11 March 2025, there was a hearing in the case of Kul And Others Specified In Schedule 1 v DWF Law LLP KB-2023-004108 . As mentioned above, on the same day a statement in open court was read out in conclusion of Murray v Guardian News and Media Limited.

On Wednesday 12 March 2025, there was a hearing in the libel case of Bridgen v Hancock KB-2023-002309. Collins Rice J heard Mr Hancock’s application for summary judgment which he seeks on the basis that the Claimant has no realistic prospect of establishing serious harm and that the defence of honest opinion is bound to succeed.   Judgment was reserved.

On Thursday 13 March 2025, there was a hearing in the case of SCL v MDZ KB-2025-000787.

Media Law in Other Jurisdictions

Mexico

The IAPP Blog has an article on the new Transparency and Access to Public Information, the General Law on the Protection of Personal Data Bill, submitted to the Senate last month, and the potential implications for personal data protection in Mexico.

United States

The conservative news outlet Newsmax agreed to pay the voting equipment company Smartmatic $40m last year as part of a settlement in a defamation suit over Newsmax’s decision to broadcast false claims about the 2020 election. The parties did not reveal details of the settlement when it was reached in September 2024, but Newsmax disclosed the settlement amount in a public financial filing. The news outlet said it had also offered Smartmatic the option to buy stock in the company and that it had paid $20m of the settlement amount so far. The Guardian has more information here.

Rapper Jay Z’s defamation claim against high-profile attorney Tony Buzbee will be allowed to proceed to trial. Judge Mark H. Epstein said he believed the question of whether Buzbee acted recklessly and with actual malice when he named Jay-Z as a defendant in a rape lawsuit in December 2024 had enough merit to move ahead. The Rolling Stones has more information here.

Research and Resources

Next Week in the Courts 

The trial of the defamation and data protection case of Clarke v Guardian QB-2022-001397 will continue before Steyn J in Court 13.

On 17 March 2025, there will be a statement in open court in the case of Chishti v Spottiswoode KB-2022-004316 before Collins Rice J.

On 18 March 2025, there will be a hearing in the case of Ben Yair v Peaford.

Reserved Judgments

Bridgen v Hancock,  12 March 2024 (Collins Rice J)

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

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