News: Brevan Howard blocks publication of confidential information by Reuters – Media Lawyer

31 03 2017

Information which was sent to international news agency Reuters was protected by a requirement of confidentiality because it was almost certainly taken from documents sent to potential professional investors by a major hedge fund management company, a High Court judge has held. Read the rest of this entry »





Trump’s FCC continues to redefine the public interest as business interests – Christopher Ali

31 03 2017

The U.S. Senate voted last week to allow internet service providers to sell data about their customers’ online activities to advertisers. The House of Representatives agreed on Tuesday; President Trump is expected to sign the measure into law. The Conversation Read the rest of this entry »





Canada: Appeal Court Orders Vice Media to Produce Source Communications to Police – Paul Schabas, Iris Fischer and Ravi Amarnath

30 03 2017

In April 2016, we reported that an Ontario court had upheld a police production order requiring Vice Media Canada Inc. (“Vice”) to produce communications between reporter Ben Makuch and Farah Shirdon, a Canadian believed to be fighting for ISIS. Read the rest of this entry »





The “Journalism Exemption” in the Data Protection Act: Part 2, Some Practicalities – Hugh Tomlinson QC

29 03 2017

In Part 1 of this post I argued that the mandatory conditions for the application of the “journalism exemption” in section 32 of the Data Protection Act 1998 (“the DPA”) are strict and required careful case by case consideration.  In this post I will consider some practical consequences of this analysis. Read the rest of this entry »





Libel Litigation: Jackson, Fixed Costs and Case Management – Mathilde Groppo

28 03 2017

The heavy costs burden of defamation proceedings has long been recognised. In 2010, Lord Justice Jackson’s Review of Civil Litigation Costs noted that “in the paradigm libel case the claimant is an individual of modest means and the defendant is a well-resourced media organisation”. Read the rest of this entry »





The “Journalism Exemption” in the Data Protection Act: Part 1, The Law – Hugh Tomlinson QC

28 03 2017

In recent years there has been a new focus by media lawyers on the operation of the “statutory privacy” provisions of the Data Protection Act 1998 (“the DPA”).  The Leveson Report and the resulting ICO publication “Data Protection and Journalism: a guide for the media” (“the ICO Guide”) has reminded us that the media must comply with the provisions of the act. Most importantly, the Court of Appeal’s “deletion” of section 13(2) (see our post here) has meant that general damages for distress are now available in DPA claims without proof of financial loss. Read the rest of this entry »