The High Court has held ruled that the Police Federation of England and Wales acted unlawfully in suspending two elected Federation Chairs, and barring one from re-election, over comments they made on GB News and social media about racism in policing.

After a four-day hearing in the case of R (on the application of Richard Prior & Richard Cooke) v Police Federation of England and Wales [2026] EWHC 124 (Admin), Obi J found the measures unjustified and disproportionate, confirming that the Federation was subject to judicial review and emphasising the importance of free expression for elected representatives speaking on matters of public interest. Doughty Street Chambers summarised the ruling. The BBC and The Telegraph also covered the decision.

On 5 February 2026, most of the remaining provisions under the Data (Use and Access) Act 2025 came into force. This includes major changes to the prohibitions around automated decision-making, which are now broadly permitted for non-special category data, and the introduction of a new category for lawful processing of data under the basis of “recognised legitimate interests.” Charities will also have greater capacity to send e-marketing materials to their supporters and the ICO will have new powers to compel witnesses to attend interviews, request technical reports, and issue fines of up to £17.5 million or 4% of global turnover. Mishcon de Reya has a blog post, summarising the changes. Read the ICO’s statement here.

The trial in the case of Baroness Lawrence and ors v Associated Newspapers Ltd  continued before Nicklin J this week. Baroness Lawrence told the court she felt “like a victim all over again,” upon learning the Daily Mail may have hacked her phone and invaded her privacy in ways that echoed the Metropolitan Police’s failures and mistreatment following the racist murder of her son Stephen Lawrence. Sir Elton John also gave evidence, explaining his delay in bringing the claim was “because we didn’t know the severity.” The BBC, Sky News, Press Gazette and The Guardian covered the developments.

Internet and Social Media

Online safety campaign group, Clean Up the Internet has launched a legal challenge against Ofcom for its alleged failure to disclose information about its engagement with major tech firms. The regulator cited exemptions under the Freedom of Information Act in response to requests to reveal the dates of meetings with platforms such as Meta, TikTok, YouTube and X, as well as the attendees, agendas and other lobbying activity.

The ICO has launched a formal investigation into X and xAI over whether the Grok AI tool breached data protection law by generating non-consensual sexual deepfakes, including images appearing to depict children. The watchdog said the creation and spread of such content raises serious concerns about the use of personal data and safeguards in Grok’s design, amid mounting regulatory scrutiny in the UK and Europe and calls from MPs for tougher AI regulation. The BBC, Guardian, Sky News and The Independent reported on the development.

Data privacy and data protection

The ICO has fined MediaLab.AI, the owner of image sharing platform Imgur, £247,590 for unlawfully processing children’s personal data after failing to put basic safeguards in place to protect under-13s. Regulators found the platform did not verify users’ ages, obtain parental consent, or assess privacy risks, leaving children exposed to harmful content.

The ICO has reprimanded a GP surgery, Staines Health Group, for wrongly disclosing 23 years of a terminally ill patient’s medical records directly to an insurer, despite a request for only five years to be sent to the patient for review. The excessive and unnecessary disclosure, which the patient believes reduced their insurance payout, was linked to poor internal processes and a lack of regular data protection training for staff.

Surveillance

The European Commission is negotiating with the US to give American border authorities unprecedented access to Europeans’ data, including fingerprints and law enforcement records, despite concerns over privacy, surveillance, and civil liberties. Critics warn the deal could expose sensitive information on protesters, journalists, and others to US authorities, while the US pressures EU countries with visa waiver program deadlines, Politico reports.

Newspaper Journalism and regulation

According to new public polling conducted by Opinium on behalf of the Press Justice Project, 71% of British people believe that newspapers and news websites should be regulated by an independent body. Read Inforrm’s blog post on the poll here.

The Washington Post is cutting about one-third of its workforce, including more than 300 of 800 newsroom staff members. Management says the overhaul is driven by falling search traffic and a need to refocus on core areas like politics, national security, and investigative reporting. The Press Gazette, BBC, The Guardian, The Independent and The New York Times have more information.

Events

The Institute of Brand and Innovation Law’s privacy and data course returns on 16–17 February 2026, focusing in part on the UK’s Investigatory Powers Act and wider issues of surveillance, free speech and accountability. Find out more information here.

IPSO

The following rulings were published this week:

Statements in open court and apologies

On Wednesday 4 February 2026, there was a statement in open court in the case of Raffaele Mincione v GEDI Gruppo Editoriale S.p.A, QB-2020-004499.

New Issued cases

There was one defamation (libel and slander) claim and one misuse of private information claim issued on the media and communications list last week.

Last week in the courts

The trial in the case of Baroness Lawrence and ors v Associated Newspapers Ltd KB-2022-003316 continued all week before Nicklin J.

The preliminary issues trial in the case of Various Claimants v MGN before Fancourt J was heard on 3, 5 and 6 February 2026.  Judgment was reserved.

On Tuesday 3 February 2026 there was a hearing in the libel case of Read v De Giovanni KB-2025-003746.

On Wednesday 4 February 2026, there was a hearing in the data protection case of The Good Law Project Ltd v Reform UK Party Limited KB-2025-001120. The campaign organisation is challenging Reform UK’s data practices, after the party did not respond to subject access requests from 51 members of the public, who requested the party to reveal whether it was holding their personal data. The claimant alleges that the party is using an algorithmic profiling tool, NationBuilder to micro-target voters by scraping social media and commercial databases. The Defendants argued that the claim was “unmeritorious,” “conducted for improper purposes” and should be dismissed. The Good Law Project’s commentary on the case is available here and here. Nation Cymru reported on the hearing.

Media law in other jurisdictions

Georgia

The ECtHR found that domestic courts failed to strike a fair balance between competing convention rights in civil defamation proceedings, infringing the Applicant’s article 8 privacy rights in the case of Ramishvili v Georgia (Application no. 4100/24). The domestic courts dismissed the Applicant’s claim, arising from statements made by a well-known clergyman during a live televised interview, who accused him of being an informer and provocateur who fed information to the State Security Services. The ECtHR held that the domestic courts failed to establish a factual basis for the accusations and wrongly placed the burden of proof on the Applicant to rebut the allegations. The ECtHR awarded the Applicant 4,500 EUR in respect of non-pecuniary damage.

Switzerland

Almost 20 digital rights organisations have signed an open letter, urging the Swiss Federal Department of Justice and Police to abandon plans to expand the country’s data retention regime, warning that the proposed Ordinance would impose mass surveillance, violate privacy and human rights, chill freedoms, create cybersecurity risks, and jeopardise Switzerland’s EU data adequacy status.

United States

Senators Markey, Merkley, Wyden, and Rep. Jayapal have introduced the ‘ICE Out of My Face Bill’ to ban Immigration and Customs Enforcement and Customs and Border Protection from using facial recognition and other biometric technologies, require deletion of collected data, and allow civil penalties for violations, citing concerns over surveillance and misuse of these tools against individuals. Read the press release here. Civil society NGO, Electronic Frontier Foundation also supported the draft legislation, which is available in full here.

Research and Resources

Next week in the courts

The trial in the case of Baroness Lawrence and ors v Associated Newspapers Ltd KB-2022-003316 continues all week before Nicklin J.

On Tuesday 10 February 2026, there will be a hearing in the case of Kamal v Tax Policy Associates Ltd KB-2025-003209.

On Wednesday 11 February 2026, there will be hearings in the defamation cases of Veolia ES (UK) Limited & Ors v. Unite The Union & Anr KB-2025-002444 and Ali v Hussain KB-2024-000959.

On Thursday 12 February 2026, there will be a hearing in the defamation case of Amunyela and another v Ndeendelago Ashfield KB-2025-004603.

Reserved judgements

Various Claimants v MGN, heard 27-30 January 2026, 3, 5 and 6 February 2026 (Fancourt J)

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