The ICO is seeking permission to appeal the ruling on Clearview AI Inc handed down by the First Tier Tribunal (Information Rights) on 17 October 2023. The tribunal reversed the £7.5 million penalty notice issued by the ICO against the facial image database company on the basis that the UK GDPR did not apply to companies processing data as a service to foreign law enforcement agencies. The Commissioner argues that the FTT incorrectly interpreted the law, as Clearview itself was not processing data for the purpose of foreign law enforcement. Read the ICO’s statement here. Continue reading
The International Forum for Responsible Media Blog
Category: Legal (Page 4 of 161)
On 10 November 2023, Nicklin J dismissed Associated Newspaper Ltd’s (ANL) application for summary judgement against seven claimants bringing misuse of private information proceedings against the publisher of The Daily Mail, The Mail on Sunday, and the MailOnline website, Baroness Lawrence of Clarendon & Ors v Associated Newspapers Ltd [2023] EWHC 2789 (KB). Nicklin J concluded “without difficulty” that each claimant had a real prospect of overcoming any limitation defence relied upon by the publisher. Continue reading
There is much discussion regarding SLAPPs in the media law world. Last week the newly formed Society of Media Lawyers wrote to the President of the Law Society asking to see the evidence on which it was relying for its general support for anti-SLAPP measurea. Continue reading
On 1 and 2 November 2023, the UK Government held the Global Summit on AI Safety at Bletchley Park, which was attended by politicians, academics and tech executives. King Charles addressed the summit and Sunak hosted a chat with Tesla and X Chairman, Elon Musk. As well as discussions on the existential risks of AI, leaders warned about the risks of generative AI undermining elections through disinformation. Continue reading
A new group made up of 57 prominent practitioners, The Society of Media Lawyers (“TSML”), has written to the President of the Law Society questioning the stance which it has taken on the issue of “SLAPPs”. Continue reading
On 26 October 2023, the Online Safety Act received royal assent. The Act sets new obligations for how technology companies should “design, operate, and moderate their platforms.” Ofcom is charged with enforcing the law’s requirements on platforms and will release its codes of practice in three phases beginning 9 November 2023. The Government’s Press Release can be read here. The BBC has more information here. Continue reading
On 12 October 2023, Mr Justice Jay handed down judgement in Cooper v Evans & Anor [2023] EWHC 2555 (KB) in favour of the defendants. The Judge refused the claimant’s (Mr Andrew Cooper) application for an injunction under the Representation of the People Act 1983 (“the RoPA”), which sought to prevent the republication of a political advert published on West Midlands Labour social media pages regarding the claimant, who was at the time a Conservative candidate for the Tamworth by-election (held on 19 October 2023). Continue reading
In a little noticed or commented on proposal, the UK Government published draft Regulations last month which would remove the overarching right of data protection from UK law and limit fundamental rights or freedoms within UK data protection law (however and wherever expressed) to rights protected within the European Convention on Human Rights (ECHR) as recognised by the Human Rights Act 1998. Continue reading
Doughty Street Chambers has announced the sudden and unexpected death of leading media law silk, Heather Rogers KC. She was one of the most highly respected and brilliant members of the media law bar and an editor of the leading textbook, Duncan and Neill. She contributed to this blog on many occasions. She will be sorely missed by her colleagues and her many friends inside and outside the law. Continue reading
On 16 October 2023, Steyn J will hear applications in the case of Donald Trump v Orbis Business Intelligence. The former President contends that the so-called “Steele Dossier” produced by the defendant breached his data protection rights. The defendant has applied to strike out the claim as an abuse of the process. The New York Times has a full report. There are also reports in the Guardian and the Independent. Continue reading
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