Last Thursday, 28 January 2016, was Data Protection Day – launched by the Council of Europe in 2006. This is now celebrated globally, and is called “Privacy Day” outside Europe.
The ICO blog had a post entitled “10 years of Data Protection Day – 10 years of ICO annual reports”. The Open Rights Blog has a post linking Data Privacy day to the GDPR.
Last week saw a trial which brought together two names very well known to media lawyers in the past, Burrell v Clifford. This was heard by Deputy Judge, Richard Spearman QC, on 25 and 26 January 2016, with judgment being reserved. There was a report about the hearing in the Press Gazette.
The Press Gazette has a report on the Court of Protection pilot scheme on transparency which was launched on 29 January 2016. Lucy Series had a post on the scheme on The Small Places blog in November 2015.
Data Protection and Data Privacy
The Hawktalk blog has a post entitled “The Recitals are essential to your understanding the General Data Protection Regulation”.
The Panopticon Blog has a post entitled “Enhanced Criminal Records Check Mate” concerning the case of R (P & A) v Secretary of State for Justice  EWHC 89 (Admin).
Optanon has announced the release of its “GDPR Compliance Manager” later this year.
Statements in Open Court and Apologies
There were no statements in open court this week.
Newspapers Journalism and Regulation
Roy Greenslade has a piece entitled “Why the public should know when ministers meet media chiefs”.
The Hacking Inquiry blog has its monthly post about press reporting, “Phoney Facts: How the Big Papers are misleading the public on the big issues of the day”.
The Press Gazette points out that while the “open” Guardian faces financial meltdown, the paywalled is breaking even.
IPSO has ordered the Sunday Times to print a correction over ‘inaccurate’ report on pension advice given to undercover reporter
Last week in the Courts
On 27 January 2016, permission to appeal was refused by the single judge in the case of Theedom v Nourish Training. It appears that there will be a renewal of this application at an oral hearing.
On 28 January 2016 there was a PTR in the case of Axon v Ministry of Defence.
On 28 and 29 January 2016 there was an application in the case of Monks v National Westminster Bank plc before Sir David Eady. Judgment was reserved.
On 29 January 2016, Nicol J handed down judgment in the case of Stocker v Stocker  EWHC 147 (QB). He refused an application to strike out the claim on the grounds of absolute privilege and/or Jameel abuse.
12 March 2016, 11 KBW Information Law Conference 2016, Royal College of Surgeons, 35-43 Lincoln’s Inn Fields, London WC2A 3PE
Please let us know if there are any events you would like to be included on this list by email: firstname.lastname@example.org.
Media Law in Other Jurisdictions
In the case of Doe v D 2016 ONSC 541, the Ontario Superior Court expressly recognised the tort of “public disclosure of private facts”. There is a post about the decision on the Canadian Privacy Law Blog.
In the case of Doucette v Nova Scotia 2016 NSSC 25, the Supreme Court of Nova Scotia awarded damages of Can$50,000 for defamation by a government employee. There is a story about the case on CBC News.
The Province newspaper is running a defence of responsible journalism in the long running libel case brought against it by former MP Blair Wilson in the Supreme Court of British Columbia. There is a report in the North Shore News.
It is reported that the Croatian newspaper Nacional has been ordered to pay €9,100 compensation to the Vice Prime Minister over claims he was an informer for the Yugoslav intelligence service.
Former MP George Galloway has obtained permission to serve proceedings for libel on Google Inc in the United States. There was a report of the decision on BBC News.
The Belfast Telegraph reports that the boy arrested over the TalkTalk web hack has settled his privacy case against Twitter.
The Press Gazette reports that Michael Leidig, the boss of Central European News, is suing Buzzfeed in the United States for $10m over an article which described him as the “King of Bullsh*t News”.
News Day reports that a Zanu PF MP is being sued by the Silobela Community Development Trust chairman over claims that there have abuse of trust funds.
Research and Resources
- MsLods’ Law+Technology Round up, 28 January 2016
- ‘Privacy and Freedom of the Press from 2004-2015: From Campbell to Leveson’ , in L Edwards Law, Policy and the Internet (Hart Publishing: Forthcoming), Lachlan Urquhart, University of Nottingham, School of Computer Science
- First Amendment Speculation and Conjecture, Tyler Broker, University of Arizona – James E. Rogers College of Law
- Press Regulation in a Converged Environment Queen Mary School of Law Legal Studies Research Paper No. 217/2016, Ian Walden
- Two Views of First Amendment Thought Privacy, University of Pennsylvania Journal of Constitutional Law, Adam J. Kolber, Brooklyn Law School
- ‘Fire Away’: I Have No Right to Not Be Insulted, Cleveland-Marshall Legal Studies Paper No. 290, David Barnhizer, Cleveland-Marshall College of Law, Cleveland State University
Next Week in the Courts
On 3 or 4 February 2016 the Court of Appeal (The Chancellor, Lewison and Ryder LJJ) will hear the appeal in the case of Leslie v NGN. Details can be found on the EWCA Case Tracker.
On 4 February 2016 there will be an application in the case of Power Place Tours v Free Spirit.
The following reserved judgments in media law cases are outstanding:
McGrath v Bedford., heard 15 January 2016 (Sir David Eady)
Hiranandani-Vandrevala v Times Newspapers Limited, heard 20 January 2016 (Nicol J)
Burrell v Clifford, heard 25 and 26 January 2016 (Richard Spearman QC)
Lokhova v Tymula, heard 26 and 27 January 2016 (Dingemans J)
Monks v National Westminster Bank plc heard 28 and 29 January 2016 (Sir David Eady).