Media and Information Cases before the Appellate and European Courts in 2016 [Updated3]

7 01 2016

2016There are a number of interesting cases in the field of media and information law to look forward to in 2016.  We list below the ones which have been drawn to our attention.  Please let us know if there are any further cases which should be added.

English Courts

There are two important media and information cases due to be heard by the UK Supreme Court this year:

In addition, the Supreme Court has given the defendant permission to appeal in the case of Flood v Times Newspapers Ltd ([2014] EWCA Civ 1574).  It appears that the defendant is seeking to challenge the claimant’s CFA as being incompatible with Article 10 but we do not, at present, have any further details.

In addition, the unsuccessful defendants in two important privacy cases heard by the Court of Appeal in 2016 have announced that they are seeking permission to appeal to the Supreme Court.

Decisions concerning permission are unlikely to be made for several months and, if granted, appeals may not be heard until 2017.

[Update]  Judgment is awaited in two important cases concerning the media which were heard by the Court of Appeal in 2015:

There are a number of appeals pending before the Court of Appeal in England and Wales which will be heard in 2016:

An application for permission to appeal in the case of Lachaux v Independent Print (see our post here) is pending before the Court of Appeal.  If permission is granted then the appeal is likely to be heard in the autumn of 2016.

We understand that the defendant is seeking permission to appeal on costs in case of Theedom v Nourish Training Ltd.

European Court of Human Rights

The decision in the important Article 10 “access to information case” of Magyar Helsinki Bizottság v Hungary (no.18030/11), heard by the Grand Chamber on 4 November 2015 is likely to be handed down in the first half of 2016.

There is a closely related United Kingdom case which has been communicated, Times Newspapers Limited and Kennedy v. The United Kingdom – 64367/14 [2015] ECHR 359 (17 March 2015).  This follows the decision of the Supreme Court in Kennedy v Charity Commission ([2014] UKSC 20) (see our post).

There are three United Kingdom cases concerning surveillance pending before the Court:

  • Big Brother Watch v United Kingdom, 58170/13 [2014] ECHR 93 (Communicated 9 January 2014)
  • Bureau of Investigative Journalism and Alice Ross v. The United Kingdom – 62322/14 –[2015] ECHR 71 (Communicated, 05 January 2015)
  • 10 Human Rights Organisations v United Kingdom, 24960/15, Communicated 24 November 2015.

There is one United Kingdom libel case pending before the Court

[Update2]  Judgment is expected in 2016 one United Kingdom freedom of expression case

European Union

A number of interesting cases are pending before the CJEU:

For a post covering some of the above and also other Internet Legal developments to look out for in 2016, on Graham Smith’s Cyberleagle blog


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2 responses

7 01 2016
Gill Phillips

Hiya you could add in to your list the David Miranda appeal and the Incdeal appeal.

With best wishes

*Gill Phillips*

Director of Editorial Legal Services

Guardian News & Media

12 01 2016
dirkvoorhoof

Suggestion for one more update/ECtHR (case referred to Grand Chamber)

On 14 December 2015 the Grand Chamber of the ECtHR decided to refer to the Grand Chamber, the case of Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland (no. 931/13), which concerns the ban
on two publishing companies’ processing of taxation data and the qualification of public interest and journalistic activity.

See our blog commenting the Chamber judgment of 21 July 2015
“Case Law, Strasbourg: Satamedia v. Finland. A strict application of data protection law and narrow interpretation of journalistic activity in Finland”, Inforrm’s Blog,15 August 2015,
https://inforrm.wordpress.com/2015/08/15/case-law-strasbourg-satamedia-v-finland-a-strict-application-of-data-protection-law-and-narrow-interpretation-of-journalistic-activity-in-finland-dirk-voorhoof/#more-31623

Dirk Voorhoof
Ghent University

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