For the purposes of the trial, MGN accepted the allegations of wrongdoing, admitting that it “concealed its voicemail interception and other unlawful information gathering” but argued that the claims should have been brought earlier. Paul Sculfor was “partly but causally misled,” by the articles, blaming his father and close friends for the publications. Sculfor remained unaware of the hacking as he was living abroad and not connected to anyone who had brought a claim. There is press summary here. 5RB, Law360, Solicitors Journal and Press Gazette have more information.
The Guardian has been granted permission to appeal a judgement on preliminary meaning in the case of Ngo v Guardian News & Media Limited [2025] EWHC 3004 (KB). The claimant brought a libel claim against the newspaper in relation to an article published in March 2025, in which he was referenced as an “’alt-right’ agitator.” DHCJ Guy Vassall-Adams KC found the phrase was a defamatory statement of fact. The Court of Appeal held that it was properly arguably that the statement would not have had a substantial adverse effect on the defendant’s reputation. The newspaper was given permission to appeal on the grounds that the judge erred in finding: (i) the words complained were a statement of fact, not opinion; (ii) even if the words complained of were an opinion, the basis of the opinion was not set out and (iii) that the statement was defamatory. The Press Gazette covered the ruling.
Open Rights Group commissioned an opinion authored by barristers at Doughty Street and Cloisters Chambers, which examines the Home Office’s use of AI in asylum decision-making. The opinion analyses the Asylum Case Summarisation tool, which is used to summarise transcripts of asylum interviews and the Asylum Policy Search tool, which provides a summary of country-of-origin guidance and reports. It warns that the Home Office’s use of the tools may be unlawful, citing concerns over lack of transparency, unreliable outputs, and insufficient safeguards that risk flawed or incomplete decision-making. The Independent and Electronic Immigration Network have more information. Read the opinion in full here.
Brett Wilson Media Law blog has a post on defamation in the music industry, explaining what artists should be aware of when publishing content to their audiences.
Internet and Social Media
Ofcom has fined 4chan a total of £520,000 for failing to meet requirements under the Online Safety Act, including not implementing age checks to protect children from pornography, failing to assess risks of illegal content, and not clearly outlining user protections in its terms. The platform must implement age verification checks by 2nd April or face daily penalties.
Open Rights Group has a blog post criticising the ICO’s push towards the adoption of age verification technologies for social media sites, highlighting concerns about user privacy, security and the ineffectiveness of the checks.
Data privacy and data protection
Essex Police has paused its live facial recognition deployments after two independent studies found that the there was “potential bias in the positive identification rate” and only half of those on the police’s watchlist were correctly identified. The ICO stated that “all forces should also be conducting routine testing for bias and discriminatory outcomes.” Sky News, BBC, Guardian, Computer Weekly and GB News covered the development.
Surveillance
HM Revenue & Customs has quietly boosted its surveillance capabilities, acquiring tools such as mobile data extraction software and potentially IMSI-catchers to support tax fraud investigations amid pressure to recover billions in lost revenue, according to Computer Weekly. While officials say these powers are necessary and legally regulated, the agency has disclosed little about their use, prompting concerns over transparency and the potential for intrusive, wide-ranging monitoring.
Newspaper Journalism and regulation
GB News is facing criticism after commentator Thomas Corbett-Dillon claimed on air that white people in England face a “genocide” and could be threatened by immigrants. The regulator Ofcom received 24 complaints and is considering whether to investigate, with concerns raised about offensive content and lack of challenge during the broadcast, while the channel says the remarks were personal views and defends its commitment to free speech. The Guardian covered the story.
The UK Government has dropped its earlier support for allowing AI firms to use copyrighted material by default unless creators opted out, following strong opposition from the creative industries and the News Media Association’s “Make It Fair” Campaign. Technology Secretary Liz Kendall said the government will prioritise fair pay and greater control for creators, although her department has not set out a policy, promising further consultation before reaching a decision. The BBC, The Times, The Mirror, Guardian, Reuters and Press Gazette covered the development.
IPSO
Rulings this week:
- Resolution Statement – 02683-25 Mayo v Mail Online, 1 Accuracy, 10 Clandestine devices and subterfuge, 2 Privacy, Resolved – IPSO mediation
- Resolution Statement – 02687-25 Mayo v thesun.co.uk, 1 Accuracy, 10 Clandestine devices and subterfuge, 2 Privacy, Resolved – IPSO mediation
- 03536-25 Brereton v wsfp.co.uk, 1 Accuracy, 4 Intrusion into grief or shock, Breach – sanction: publication of correction
- 03649-25 Moshelian v The National, 1 Accuracy, No breach – after investigation
- 04543-25 Spence v The Irish News, 1 Accuracy, No breach – after investigation
- 05687-25 Johnson and Ather v shieldsgazette.com, 1 Accuracy, 2 Privacy, 6 Children, No breach – after investigation
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) and one data protection claim filed on the media and communications list last week.
Last week in the courts
As mentioned above, on Monday 16 March 2026, Fancourt J handed down judgment in the case of Sculfor and Ors v MGN, (heard 27-30 January 2026, 3, 5 and 6 February 2026) [2025] EWHC 3004 (KB).
Between Monday 16 and Wednesday 18 March 2026, there was a trial in the misuse of private information case of Clutterbuck v The Chief Constable of West Mercia Police KB-2025-001245 heard before Dan Squires KC (sitting as a Deputy Judge in the KBD).
On Tuesday 17 March 2026, the appeal in the misuse of private information claim of Graham and another v Beckett KA-2025-000207 was heard before Heather Williams J.
On Thursday 19 March 2026, there was a second day of applications before Steyn J in the defamation case of Tooley v Associated Newspapers/TMG KB-2025-004492 and a directions hearing in Ogunkanmi v Meta Platforms Inc & ors KB-2024-002266 and ZAB v PERSON(S) UNKNOWN KB-2026-000428.
On the same day, Tipples J handed down judgement on meaning following a preliminary issues trial in the defamation and malicious falsehood case of Digital Isle Limited v Marcos Enterprise Ltd and another [2026] EWHC 642 (KB). The case concerns a dispute between two competing online retailers on Amazon, in which the claimant alleges the defendants purchased multiple Velcro items from its store and repeatedly reported the goods to Amazon as inauthentic using the returns process to obtain refunds. The court ruled that the words complained of were defamatory and held the natural and ordinary meaning that the claimant (i) was selling counterfeit Velcro products on Amazon and (ii) infringed Velcro’s trademark and coopted its branding to make it appear that it manufactured the products. The imputation was a statement of fact, except the expression of opinion that the products infringed Velcro’s trademark. Matrix Chambers has a summary of the judgement.
On Friday 20 March 2026, there was an application hearing before Dan Squires KC (sitting as a Deputy Judge in the KBD) in the defamation case of Fry v Agilah-Hood KB-2023-002563.
On the same day, Prince Harry’s phone hacking trial against ANL resumed again after a 4-day break. The Telegraph reported on evidence given by the Daily Mail’s Chief Reporter, Sam Greenhill, who told the court that a 2004 article about the Prince’s relationship with Chelsy Davy was obtained through a tip-off, rather than through voicemail interception, as the claimant alleges. The trial will continue this week.
Media law in other jurisdictions
Australia
On 18 March 2026, the Federal Court of Australia allowed the defendants’ appeal of interlocutory orders which struck out their defence of justification and dismissed their application to subpoena police documents in the defamation case of Aljazeera International (Malaysia) SDN BHD v Hun [2026] FCAFC 22. The case concerned a documentary film made and published by the defendants which allegedly defamed the claimant by suggesting he was suspected by Australian police of drug trafficking. The Australian Federal Police (AFP) argued public interest immunity applied to the subpoenaed documents.
The primary judge struck out the defendants’ justification defence, finding it lacked specific factual detail about the alleged suspicion and its grounds. The defendants argued on appeal that this imposed too high a standard, contending it was sufficient to prove police held a reasonable suspicion, without fully particularising its basis. The Federal Court of Australia held that the primary judge erred in striking out the justification defence before the defendants had the opportunity to challenge the AFP’s public interest immunity claims and obtain further evidence through subpoenas.
Brazil
Brazil’s new ECA Digital law, which introduces strict rules to protect children online, including heavy fines, platform bans, age verification requirements, limits on addictive design features and faster removal of harmful content took effect last week. While the law reflects a growing global push for tighter online safeguards for children, civil society organisations have noted that its rushed rollout, unclear enforcement details and Brazil’s social inequalities pose significant challenges. Tech Policy Press and Digital Watch Observatory have more information.
Canada
A court ordered researcher Darryl Leroux to pay $70,000 in damages after finding he defamed academic, Michelle Coupal by accusing her of fraudulently claiming Indigenous identity to become an expert in reconciliation. The judge ruled that Coupal genuinely believed her claimed ancestry, despite her ancestor link being discredited, and distinguished between questioning her identity and alleging deliberate fraud. The ruling has sparked debate over how courts handle complex issues of Indigenous identity, with Leroux planning to appeal. CBC and Global News covered the judgement.
Lithuania
Around 30 international groups, including the International Federation of Journalists, have warned that proposed changes to Lithuanian National Radio and Television could threaten its independence and long-term stability. They criticise the opaque lawmaking process and argue that measures such as funding limits, increased political oversight and vague rules for dismissing leadership could expose the broadcaster to political influence, urging Lithuania to revise the plans in line with European standards and safeguard media independence.
United States
After a 2022 police raid on his Ohio home that resulted in no charges, rapper Afroman responded by creating satirical music, videos, and merchandise using home surveillance footage of the incident. In the videos, Afroman mocked the officers’ appearances and made allegations of extramarital affairs and pedophilia. The officers sued him for defamation and invasion of privacy. Afroman’s lawyer argued that his lyrics were exaggerated, opinion-based rap commentary that were not meant as factual claims. A jury ruled in Afroman’s favor after a brief trial, finding his content was protected free speech. The LA Times, NPR and BBC have more information.
Research and Resources
- Quiroga, Sebastian, The Exclusive Right (2026) University of Pennsylvania Journal of Constitutional Law (forthcoming 2026).
- Curl, Justin and Rozenshtein, Alan, Mapping AI Policy: Where, Why, and How to Intervene (2026) Institute for Law & AI Working Paper No. 2-2026, Minnesota Legal Studies Research Paper Forthcoming.
Next week in the courts
Between Monday 23 and Friday 27, the trial in the case of Baroness Lawrence & ors v ANL KB-2022-003316 will continue before Nicklin J.
On Tuesday 24, there will be a one-day preliminary issues trial in the defamation case of Pearson v Essex Police & anr KB-2025-002704. On the same day there will be a hearing in the data protection case of Michael Ashley v HMRC KB-2024-000136.
On Wednesday 25, there will be a one-day adjourned remedies hearing in the defamation case of Rzucek v Vinnicombe KB-2022-004547. On the same day, there will be a preliminary issues trial in the case of Guerilla Marketing Ltd v NGM Advertising Ltd & Ors KB-2025-001392.
On Thursday 26, there will be a one-day pre-trial review hearing in the data protection case of Lazarevic, A Child, By Nadezda Lazarevic As Litigation Friend and another v Refinitiv Limited KB-2024-003170.
On Friday 27, the claimant’s application will be heard in a one-day hearing in the misuse of private information case of Alexander David Greensill v Department for Business and Trade KB-2024-000648.
Reserved judgements
Digital Isle Limited v Marcos Enterprise Limited and another, heard 12 March 2026 (Tipples J)
Clutterbuck v The Chief Constable of West Mercia Police, heard 16-18 March 2026 (Dan Squires KC)
Graham and another v Beckett, heard 17 March 2026 (Heather Williams J)
Fry v Agilah-Hood, 20 March 2026 (Dan Squires KC)
This Round Up was compiled by Jasleen Chaggar who is the Legal and Policy Officer at Big Brother Watch.