The defamation trial in the claim by former president of Sinn Féin, Gerry Adams, against the BBC, continued this week at Dublin High Court. Adams claims the BBC wrongly alleged he sanctioned the 2006 murder of informer Denis Donaldson and damaged his reputation as a peacemaker.

The BBC reporter in charge of the programme, Jennifer O’Leary gave evidence that “the journalism was done in good faith,” and the allegation “wasn’t treated recklessly.” The BBC, Belfast Telegraph, The Irish Independent, The Irish Times and Belfast Live covered the trial.

The Brett Wilson Media Law Blog has an article analysing the exceptions to the general rule that without prejudice correspondence is inadmissible as evidence following the decision in the case of Keith Morris v William Simon Williams [2025] EWHC 218 (KB).

Doughty Street has an analysis of the judgement on preliminary meaning in the case of Paisley v Linehan [2025] EWHC 228 (KB). The judgement is the first to set out how changes in the contextual material during the period of publication should be treated under defamation law. The court accepted the claimant’s interpretation that the meaning of a single statement could change during its publication in response to changes to the context.

Internet and Social Media

Meta has announced plans to begin using personal data from EU-based Instagram and Facebook users to train its AI systems starting 27 May 2025, based on a claim of “legitimate interest” rather than obtaining users’ opt-in consent. In response, privacy group noyb has issued a formal cease and desist letter under the EU Collective Redress Directive, which allows qualified entities to seek EU-wide injunctions. Other consumer groups are also taking action, and if successful, Meta could face significant legal and financial consequences, including potential class action damages. Forbes, The Register and International Business Times UK reported on the action.

Open Rights Group have published a new report, ‘How to fix the Online Safety Act: A Rights First Approach,’ examining how the legislation may entrench the dominance of big tech companies and harm small websites and the public.

Data privacy and data protection

The ICO has fined sole trader Darian Bishop, trading as ECO4U, £50,000 for making over 194,000 unlawful marketing calls to individuals registered with the ‘do not call’ list. The calls, promoting boiler and solar panel grants, misleadingly suggested a link to a government scheme. An investigation found Bishop failed to take reasonable steps to comply with the law, and his attempts to challenge the findings were deemed unsubstantiated and lacking evidence.

Surveillance

The Spectator has an opinion article about the increasing use of surveillance used by supermarket Sainsbury’s on their customers.

Newspaper Journalism and regulation

The Department for Culture, Media and Sport announced new media law reforms to “boost press sustainability and protect independence.” Currently, the foreign state influence regime prevents foreign states from acquiring ownership, control or influence over UK newspapers. The proposals include introducing an exception to this regime by allowing foreign sovereign wealth funds and public pension schemes to invest in UK media companies with a cap of 15%. The government has also announced that it will expand the scope of the media mergers regime to include online news platforms. The changes will be brought in through secondary legislation that will be laid before Parliament. Arab News reported on the changes.

IPSO

Statements in open court and apologies

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

New Issued cases

There were no new claims filed on the media and communication list last week.

Last week in the courts

On Wednesday 14 May 2025, there was a hearing in the defamation case of Ahmadi v Guardian Media plc KB-2024-003591. The Telegraph, GB News and The Jerusalem Post reported on the hearing. On Friday 16 May 2025, Johnson J handed down judgement in favour of the defendant, striking out the claim and entering summary judgement ([2025] EWHC 1191 (KB)). The claimant, an Afghan national, brought a claim against the Guardian (albeit, incorrectly pleaded) in relation to an article reporting the murder of a gay man in Afghanistan, alleging that it depicted a photograph of him and thereby wrongly identified him as a being in a homosexual relationship. The court held that there were no reasonable grounds for bringing the claim, as the article did not refer to the claimant and bore no defamatory meaning. Johnson J explained, “In the light of the changes that have taken place since the 1960s, there is no longer any scope for argument that right thinking members of society generally would think less of someone because of their sexual orientation or because they are in a same-sex relationship [39].” Matrix Chambers has a summary and Solicitors Journal reported on the ruling.

On Thursday 15 May 2025, there was a hearing in the case of Rowland v Haringey Council.

Media law in other jurisdictions

Australia

On 16 May, the Federal Court of Australia dismissed the Appellant’s interlocutory application in the case of Roberts-Smith v Fairfax Publications Pty Limited (Reopening Application) [2025] FCAFC 66. Decorated war veteran, Ben Roberts-Smith, lost his appeal against a 2023 judgement in relation to claims that he unlawfully killed four people while serving in Afghanistan, as well as allegations that he bullied and engaged in domestic violence against a woman. The 2018 allegations, published by The Sydney Morning Herald, The Age and The Canberra Times, were determined not to be defamatory. On appeal, Roberts-Smith argued that he had been denied a fair trial. The Federal Court unanimously upheld the first-instance decision and dismissed the appeal. Roberts-Smith now plans to challenge the ruling in the High Court. Sky News, Al Jazeera, BBC, LBC, Guardian, ABC, The Sydney Morning Herald and The Independent covered the story.

Supporters of former Victorian opposition leader John Pesutto have launched an online fundraiser to help him avoid bankruptcy after he was ordered to pay over $2.3 million in legal costs in a defamation case brought by fellow Liberal MP Moira Deeming. The Federal Court previously found Pesutto defamed Deeming by falsely implying she supported neo-Nazis, resulting in $300,000 in damages. The latest ruling requires him to pay the legal costs in full, and failure to do so could lead to bankruptcy, disqualifying him from parliament and triggering a byelection. The Guardian, Daily Mail and ABC covered the story.

Canada

On 13 May 2025, the Superior Court of Justice – Ontario handed down judgement in the case of Sheridan Retail Inc. v. Roy, 2025 ONSC 2866. The plaintiff, a development company brought defamation, breach of contract, interference with economic relations and trespass proceedings against an engineering student who repeatedly raised concerns about the redevelopment of a local mall. After the redevelopment proposal was rejected, the company sought $300,000 in damages from the student. The student brought a motion seeking to dismiss the action as a “gag proceeding.” The developer sought to dismiss the anti-SLAPP motion and restrict the claim to only the trespass action. The judge rejected the developer’s motion as the action “was always focused on the student’s public expression” and ordered the developer to pay $25,000 in damages and full-indemnity costs to the student.

Hungary

A controversial bill has been tabled that would give sweeping powers to a government office to monitor, penalise, and potentially shut down organisations deemed a threat to national sovereignty—particularly those receiving foreign funding. The legislation could target independent media and NGOs, allowing authorities to blacklist them, inspect their finances and communications, and impose severe fines or closure. Critics warn it mirrors Russia’s “foreign agents” law and could be used to suppress dissent ahead of elections. The International and European Federation of Journalists strongly condemned the Bill. The Guardian, Balkan Insight, Euronews, Politico, Reuters, Radio Free Europe and Jurist Legal News reported on the development.

India

A political science professor was arrested for incitement and religious insult in relation to a social media post criticising the ruling BJP and highlighting violence against Muslims. His post praised female army officers’ media briefings but called out the hypocrisy of celebrating representation while ignoring communal violence and state-led discrimination. Critics view the arrest as politically motivated and a threat to free expression. Al Jazeera, Times of India, India Today, The Indian Express, The Independent, The Hindustan Times and Geo.tv covered the story.

United States

The Cyberlaw Clinic has filed an amicus brief in support of the Attorney General of the state of California, who is defending the California Assembly Bill 2839 to prohibit the publication of digitally altered media during an election. The amicus brief recommends that the court conduct an in-depth analysis of the similarities between Bill 2839 and other laws limiting false, intentional and harmful speech and also urges the court to recognise the limitations of counter speech in its analysis.

Research and Resources

Next week in the courts

On Tuesday 20 May 2025, there will be a hearing in the case of Marinakis v Karipidou KB-2024-001325.

On Wednesday 21 May 2025, there will be a hearing in the case of Tattersall v Tattersall QB-2022-002867.

On the same day, there will be hearings in the case of Siniakovich v.  Nivin Hassan -Soudey, Glass Door Homeless Charity and Matthew Falk KB-2025-001276.

On Thursday 22 and Friday 23 May 2025, there will be a hearing in the case of Amersi v British Broadcasting Corporation KB-2022-003244.

On Thursday 22 May 2025, there will be a trial of a preliminary issue on meaning in the case of Smart Shirts Limited v Sheffield Hallam University – KB-2023-004736.

Reserved judgements

Baroness Lawrence of Clarendon v Associated Newspapers, 6 and 7 May 2025 (Nicklin J).

Clarke v Guardian News and Media, 4 March – 4 April and 11 April 2025 (Steyn J).

This Round Up was compiled by Jasleen Chaggar who is the Legal and Policy Officer at Big Brother Watch.