Law and Media Round Up – 24 February 2020

The Sun recorded a loss of £68m last year amid falling print sales and the enormous cost of phone-hacking claims against its parent company.  A total of £54m was spent on damages and legal costs.

The European Commission has published its plan for the regulation of AI. The Report covers issues of key risks, safeguarding, liability and legislative implications.

The Irish Data Protection Commission has released its Annual Report. It notes it has received 7,215 complaints since the GDPR came in effect.

Karwan Ali and Shokan Namiq, a couple who took the right to keep their baby on life support to the Courts, have lost their case to determine the matter. In the case it was commented how anonymity for doctors in cases of decision making surrounding life-support for babies should be preserved to avoid “media storm”. The Press Gazette reports.

Google is moving user data it processes to the US. Hawktalk has analysed the move and speculated over the implications for UK citizens.

Internet and Social Media

Former Culture Committee Chairman, Damian Collins MP, has described Facebook’s proposals for online content regulation as “too little too late”.

The decision in R (Miller) v (1) The College of Policing, and (2) The Chief Constable of Humberside [2020] EWHC 225 (Admin) tackles police recording, retention and dissemination of information about individuals in relation to “non-crime” hate  incidents. The Panopticon Blog has an interesting analysis of the case.

The backlash following a picture of a same sex kiss on Facebook, resulting in the case of  Beizaras and Levickas v. Lithuania (Application no. 41288/15), has sparked conversation around approaches to same sex couples in Lithuania and the tackling abuse via social media. In an INFORRM post Ingrida Milkaite explores the ECtHR’s judgment in the case and the issue of hate crimes.

The recent moves by Ofcom to review advertising on social media has be analysed by the Drum.

Data Privacy and Data Protection

The Cyberlaw Blog has highlighted the Trump administration’s efforts to undermine end-to-end encryption, a process which prevents law enforcement from obtaining messages even when subject to a warrant.

The Cyberlaw Clinic has responded to a call for comments from the World Intellectual Property Organization on artificial intelligence and its implications for intellectual property.

Max Schrems, privacy advocate, has filed a complaint against Amazon with the Hessian Supervisory Authority- Reuters reports.

In a Times Diary Jack Blackburn considers the issue of invasion of media privacy.

Surveillance

Workplace surveillance has come under scrutiny following the backlash against Barclays’ institution of a system which tracked employee’s time at their desks. Barclays has since scrapped the scheme. The BBC comments on workplace surveillance and the lawfulness of monitoring employees.

Newspapers, Journalism and Regulation

Talkradio has been fined £75,000 for breaches of the Broadcasting Code by previous presented George Galloway, the Press Gazette reports.

IPSO

IPSO has published a single resolution statement since our last Round Up:

Statements in Open Court and Apologies

On 19 February 2020 there was a statement in open court in the case of Abdulrazaq v Hassan.  There were reports of  the statement on Bolnews and on Devon Live.

Last Week in the Courts

On 19 February 2020, Nicol J heard applications in the case of JKL v VBN.  Judgment was reserved.

On  21 February 2020 Nicol  J handed down judgment in the  case of  Hathi v Associated Newspapers.  A copy of the judgment  is not yet available.

Events

3 March 2020, 17.30-19.00  Bringing Claims for mass data-breaches, BIICL, at Mischon de Reya.

12 March 2020, Media and Communications List User Group (“MACLUG”), Plenary Session, 4.45pm, Court 13 Draft Agenda [doc]

14 March 2020, Media Democracy Festival, Birkbeck University, Central London. Free registration tickets are now available.

30 September 2020, 5RB Conference, IET Savoy Place.

Media Law in Other Jurisdictions

Australia

The Independent Media Agencies Australia has launched, comprising of over 20 founding members. AdNews covers the establishment.

Canada

The National Post has analysed the state of Canadian media outlets, following calls from many for tax and regulatory changes.

China

The Guardian has reviewed China’s media censorship. France

The Guardian reports how lawyers are now seeking asylum for Wikileaks founder Julian Assange in France.

Germany

Social media users have taken to criticising mainstream media outlets, the Anadolu Agency reports.

Germany’s cabinet has approved a law which proposes to put a positive duty on social media outlets to report illegal content.

Ireland

The Irish Times reports that three pilots who were found not to have defamed Ryanair have urged the Court of Appeal to uphold the jury’s decision.

The Irish News reports that Alliance Party councillor Sorcha Eastwood is to receive a substantial five-figure sum from a former DUP representative for falsely accusing her of being a “mouthpiece for the Provisional IRA”.

Kenya 

In an insightful piece The Conversation Africa considers how the media has been shaped under President Moi.

Malta

The Independent reports that former Nationalist Minister Giovanna Debono has been awarded €5,000 libel damages against against Kurt Farrugia as former editor of the now-extinct news portal maltastar.com in 2008.

The Shift has an article entitled “Harsh libel judgments are a disservice to journalism in Malta”.

New Zealand

Stuff.co.nz has considered why Grace Milane’s murder will still not be named.

Saudi Arabia

Buzzfeed News has an article on how Saudi Arabia was accused of influencing and infiltrating Twitter.

Switzerland

Swiss local reports that the Swiss Federal Court has held that clicking “like” on Facebook on hateful content could amount to a crime

United States

The US has recently tightened regulations over Chinese state media.

Research and Resources

Next Week in the Courts

On 24 February 2020 Saini J will hear an application in the case of  Siddiqi v Aidiniantz.

Judgments

The following reserved judgments after public hearings in media law cases are outstanding:

JKL v VBN, heard 19 February 2020, Nicol J

Sube v News Group Newspapers, heard 4 to 7 February 2020 (Warby J)

Canada Goose Retail v Persons Unknown. heard 4 and 5 February 2020 (Etherton MR, David Richards and Coulson LJJ)

Various Claimants v MGN, heard, 28 to 31 January 2020 (Mann J)

Dawson-Damer & Ors v Taylor Wessing LLP & Ors, heard 29 and 30 January 2020 (Floyd, Newey and Arnold LJJ)

W M Morrison Supermarkets plc v Various Claimants, heard 6 and 7 November 2019 (Lady Hale and Lords Reed, Kerr, Hodge and Lloyd-Jones)

Please let us know if there are other reserved judgments which should be added to this list.

This Round up was complied by Suneet Sharma a junior legal professional with a particular interest and experience in media, information and privacy law.

from Inforrm’s Blog https://inforrm.org/2020/02/24/law-and-media-round-up-24-february-2020/
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