On 12 February 2020 the Government published its initial response (the “Response”) to last year’s Online Harms White Paper consultation. The Response leaves many issues concerning the regulatory and legislative structure yet to be decided (such as funding and enforcement powers), with the final policy to be published by the Government in the spring. Continue reading
The International Forum for Responsible Media Blog
Tag: Dan Tench (Page 1 of 2)
On 15 May 2019, the Supreme Court handed down its judgment in the case of R (on the application of Privacy International) v Investigatory Powers Tribunal ([2019] UKSC 22), deciding by a slim majority of 4:3 that an “ouster clause” in section 67(8) of the Regulation of Investigatory Powers Act 2000 (“RIPA”) that purports to exclude from challenge or appeal any decision of the Investigatory Powers Tribunal (“IPT”), does not prevent a judicial review challenge based on an error of law. Continue reading
In a post on 26 July 2016, I wrote about three curiosities arising from Part 5 of the Digital Economy Bill which provides for the sharing of information in government. There is however one further important curiosity relating to Part 5 of the Bill concerning information held by HMRC and arising from a case recently before the Supreme Court, R (Ingenious Media and Anr) v HMRC. Continue reading
In the recent weeks of political furore, readers may have missed the publication on 5 July of the Digital Economy Bill. The Bill contains a ragbag of provisions from controlling access to online pornography to regulation of the BBC. Continue reading
For months, data protection lawyers have been warning businesses in the UK to make preparations for the pending General Data Protection Regulation (the “Regulation”), due to come into force in May 2018. The Regulation provides for a ratcheting up of data protection obligations and a hefty new fining regime for breaches of these obligations of up to 4% of global turnover. Continue reading
The decision of Mr Justice Peter Smith in Sports Direct International plc v Rangers International Football Club plc and another [2016] EWHC 85 (Ch) to refuse to commit the respondent for contempt for alleged breach of an injunction shows the caution that the court will sometimes show when it comes to seeking to enforce injunctive relief. Continue reading
In Cheshire West and Chester Council and others v Pickthall, [2015] EWHC 2141 (QB) Mr Justice Edis granted an interim injunction under the Protection from Harassment Act 1997 (the “PHA”) to restrain the defendant from publishing allegations of criminal conduct on the part of the claimant Council and various individuals associated with it. In doing so, he showed the balance between freedom of expression and protection from harassment at the interim stage. Continue reading
The Supreme Court handed down today its judgment in OPO v MLA ([2015] UKSC 32), the case in which the Court of Appeal had – extraordinarily – granted an injunction to prevent the publication of a book solely on the ground that it might cause psychological harm to the author’s son. In a compelling and comprehensive judgment, the Supreme Court reversed the decision of the Court of Appeal and discharged the injunction. Continue reading
In Kerner v (1) WX (2) YZ (Persons Unknown), Mr Justice Warby has continued an harassment injunction and ordered disclosure against the DVLA so that the claimants can obtain details which may track down the respondents, a photographer and his associate. Continue reading
An injunction granted by Mr Justice Warby illustrates both the issues arising in respect of obtaining injunctions against “persons unknown” and also the technical difficulties in obtaining injunctions restraining any matter relating to news reporting. Continue reading
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