Data Protection: Pre-publication claims and section 32(4), the case for disapplication – Hugh Tomlinson QC

28 02 2017

privacySection 32 of the Data Protection Act 1998 (“the DPA”) contains a curious provision apparently designed to prevent “pre-publication” claims where unpublished journalistic, literary or artistic material is involved.  There is no basis for this provision in the Data Protection Directive  (“the Directive”) and it appears to be inconsistent with the EU Charter of Fundamental Rights and a clear candidate for disapplication. Read the rest of this entry »





Case Law, Strasbourg: Rubio Dosamantes v Spain, TV discussions of singer’s sexuality and relationship breached Article 8 – Hugh Tomlinson QC

22 02 2017

The Court of Human Rights has held that the fact that singer was well known to the public and been the subject of well publicised rumours about her sexuality did not justify the broadcast of interviews about her relationships and sexuality. In the case of Rubio Dosamantes v Spain (Judgment of 21 February 2017)(in French only) the Third Section held that the dismissal of the applicant’s domestic claims was a breach of her Article 8 rights. Read the rest of this entry »





Case Law, Strasbourg: Selmani and Ors v. The Former Yugoslav Republic of Macedonia: influential judgment on press galleries and parliamentary reporting – Jonathan McCully

15 02 2017

selmaniOn 9 February 2017, the European Court of Human Rights handed down an important judgment in Selmani and Ors v. The Former Yugoslav Republic of Macedonia (Application No. 67259/14), a case that considers the forcible removal of journalists from a parliamentary press gallery. Read the rest of this entry »





Kenyan Court Knocks Down Criminal Defamation, Safeguards Freedom of Expression – Nani Jansen Reventlow and Catherine Anite

10 02 2017

kenya-high-courtEfforts to create more space for free expression in Africa have been strengthened by the Kenyan Judiciary. In the case of Jacqueline Okuta & Anor v. AG & Others, the High Court of Kenya on 6 February 2017 annulled section 194 of the Penal Code that provides for the offence of criminal defamation. Read the rest of this entry »





France’s highest administrative court urged to make a reference for a preliminary ruling in relation to right to be forgotten requests – Mathilde Groppo

9 02 2017

conseiletatIn May 2016, Google was reported to have unsuccessfully appealed against the French highest administrative court, the Conseil d’Etat, over a ruling that the decision in Google Spain requires delisting on all versions of the search engine, including google.com. A new episode of the battle over the interpretation of right to be forgotten requests is now taking place between data subjects and the French Data Protection Authority, CNIL. Read the rest of this entry »





Case Preview: Times Newspapers Limited v Flood; Frost and others v MGN Limited; Miller v Associated Newspapers Limited – Aidan Wills

26 01 2017

510-supreme-court-1The Supreme Court is currently hearing three joined appeals brought by media organisations challenging the Convention compatibility of the recoverability of conditional fee agreement (CFA) success fees/uplift and after the event (ATE) insurance premiums (“additional liabilities”) in libel and privacy claims. Read the rest of this entry »





Case Law, Strasbourg: Kapsis v Greece, Calling an Actress “Completely Unknown” is Not Defamatory – Ed Klaris & Alexia Bedat

23 01 2017

ta-nea-20120210The Greek courts were wrong to hold the director of a Greek newspaper and one of its journalists liable for describing an actress recently appointed to an advisory board as “completely unknown”. The Court of Human Rights so decided on 19 January 2017 in Kapsis and Danikas v. Greece (application no. 52137/12)(available only in French). Read the rest of this entry »