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 »





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 »





Fake news: a user’s guide – Brian McNair

9 03 2017

With Zelig-like serendipity I was in Stockholm when #lastnightinsweden went viral. While echoing the melancholic majesty of a classic ABBA song title, the hashtag #lastnightinsweden actually referred to yet another Donald Trump dump of alleged “fake news” on an increasingly exhausted world. The Conversation Read the rest of this entry »





Good news in an era of fake news: the public is becoming wiser about how the media works – James Rodgers

7 03 2017

Storytelling is a key part of human culture. Where politics and power are concerned, stories become something not only to be told, but to be shaped and influenced – so that, in many cases, they are used to mislead or deceive. Read the rest of this entry »





The Front Page in the Digital Age: Institute of Advanced Legal Studies publishes report on protecting journalists’ sources – Jo Moore

7 03 2017

A study raising concerns about journalists’ ability to protect sources and whistleblowers was launched in the House of Lords last Wednesday. The Institute of Advanced Legal Studies (IALS), in collaboration with the Guardian, has published the results of a research initiative into protecting journalists’ sources and whistleblowers in the current technological and legal environment. Read the rest of this entry »





Trump is right: stories will dry up if the press can’t use anonymous sources – Judith Townend and Richard Danbury

3 03 2017

Donald Trump has declared war on anonymous sources and wants to ban their use by journalists. In a speech at the Conservative Political Action Conference (CPAC) on February 24, he said: “You will see stories dry up like you have never seen before.The Conversation Read the rest of this entry »