Gaunt, Regina (on The Application of) v The Office of Communications: CA 24 Jan 2011

The applicant sought leave to appeal against a finding that his radio talk show interview with a councillor regarding the policy of not permitting foster parents who smoked was so vehement as to be a breach of the respondent’s Code. The divisional court had also found that the interview had become gratuitously offensive. He challenged the finding saying that the court had not first asked the necessary question of whether an interefrence with the applicant’s article 10 rights was necessary.
Held: The issue raised was proper and leave was given.

Judges:

Maurice Kay LJ

Citations:

[2011] EWCA Civ 75

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromGaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .

Cited by:

Leave to AppealGaunt, Regina (on The Application of) v The Office of Communications CA 17-Jun-2011
The claimant appealed against rejection of his challenge to a determination of the respondent that a radio interview he conducted had been in breach of the Broadcasting Code. He said that the finding was an undue interference in his freedom of . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 20 December 2022; Ref: scu.439725

Various Claimants v News Group Newspapers Ltd (1435): ChD 4 Jun 2020

Application for inspection of disclosed documents, but the real issue in the application is whether a given individual, to whom the inspection relates, is correctly treated as a confidential source of the defendant and whether the documents should nonetheless be made available for inspection. The situation is a slightly unusual one because in this instance the identity of the individual is known. What the defendant seeks to protect is not his identity, but the fact that he was the source of various tips and/or newspaper stories.

Judges:

Mann J

Citations:

[2020] EWHC 1435 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Media

Updated: 20 December 2022; Ref: scu.651919

Grierson, Regina (on the Application Of) v Atlantic Broadcasting Ltd and others: Admn 26 Aug 2005

The claimant sought leave to challenge the decision of the Radio Licensing Authority to grant a radio station licence to the defendant.
Held: As a minority shareholder in one of the competing companies, he did not have sufficient standing to make a complaint.

Citations:

[2005] EWHC 1899 (Admin), [2005] EMLR 868

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedDurayappah v Fernando PC 1967
An order had been made by a minister that the council of a local authority be dissolved. The council did not seek to challenge the order, but the appellant, the mayor, brought proceedings in his individual capacity to challenge the minister’s . .
Lists of cited by and citing cases may be incomplete.

Media, Licensing

Updated: 12 December 2022; Ref: scu.229748

In re W (Wardship: Discharge: Publicity): CA 1995

Four wards of court aged between nine and 14 had given an interview to a newspaper reporter, who plainly knew that they were wards of court, in circumstances which clearly troubled both the Official Solicitor, their guardian ad litem, who immediately applied for injunctions to restrain any repetition.
Held: The views about the courts system of the mothers and fathers caught up in it, are: ‘matters of public interest which can and should be discussed publicly’. Injunctions were refused.
Balcombe LJ commented: ‘I accept that the representation of children in family proceedings, and the role of the Official Solicitor, are matters of public interest which can and should be discussed publicly. I also accept that a boy of 15 may be sufficiently mature to be able to speak directly to, and be interviewed by, representatives of the press or broadcasting media. However, there can be no public interest in identifying members of his family: that would be only public curiosity.
Further, the three younger boys are unlikely to be of sufficient intellectual or emotional maturity to appreciate the dangers inherent in becoming involved in media publicity. In my judgment, a proper balance between these conflicting considerations can be achieved by amending the order of 19th May 1994.’

Judges:

Balcombe, Waite LJJ

Citations:

[1995] 2 FLR 466

Jurisdiction:

England and Wales

Cited by:

CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
CitedKelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 12 December 2022; Ref: scu.194859

Ex parte Crook: CA 1995

A criminal court trying parents for the manslaughter of one child and cruelty to three others had made an order under section 39 prohibiting the identification of the surviving children. The judge expressed the view that identifying the parents or the dead child would lead to the identification of the surviving children. Two journalists appealed.
Held: ‘We entirely agree . . . that as a general proposition there is a strong and proper public interest in knowing the identity of those who have committed crimes, particularly serious and detestable crimes. If, as the appellants suggest, there is a growing tendency for the court to use or misuse their powers to prevent the disclosure of the identity of defendants or other persons concerned in criminal proceedings, we are as concerned as they to restrict such a tendency and to ensure that such orders are only made when they are justified.’ The court also pointed out that the media were free to take the risk and disregard the judge’s advice that identifying the parents or the dead child would be in breach of the order, although in practice what he had said was ‘obviously correct’. In making his order, the judge was required to weigh the interest in the full reporting of the crime, ‘including the identification of the defendants’, against the need to protect the victims from further harm. He was persuaded that the likely harm to the children outweighed the restrictions on freedom to publish. The Court of Appeal, dismissing the appeal, said that on the evidence before him the judge was clearly correct. Thus, while there is undoubtedly an importance public interest in the identification of defendants, in particular those found guilty of serious crimes, there are circumstances in which it can be outweighed by the need to protect their victims from further harm.

Judges:

Glidewell LJ

Citations:

[1995] 1 WLR 139

Jurisdiction:

England and Wales

Cited by:

AppliedBriffett v Director of Public Prosecutions; Bradshaw v Director of Public Prosecutions QBD 6-Nov-2001
A bare order restricting reporting under the section was too vague to allow a later prosecution for contempt. Crook had established that the court must specify just what restrictions are to apply. . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 12 December 2022; Ref: scu.183131

C v Secretary of State for Justice: Admn 2014

The claimant sought to challenge a refusal to him, as a long standing convicted murderer of unsupervised leave from prison as part of a path to release. He was detained in a secure mental hosptal. The court now considered whether the claimant and hospital should be anonymised.
Held: The Court rejected the application for anonymity, but ordered it to be retained pending an appeal.
Cranston J said: ‘previous proceedings about this claimant are publicly available and I cannot see the justification for anonymity: the public have a right to know what I have decided about his claim for judicial review: R (M) v Parole Board [2013] EWHC 1360 (Admin), [2013] EMLR 23, paras 47-49. However, Dr H has written requesting that the hospital’s identity and that of the staff be concealed, to protect both the claimant and the other patients from potential intrusion. That is a reasonable request and there be an order of anonymity to that extent.’

Judges:

Cranston J

Citations:

[2014] EWHC 167 (Admin)

Jurisdiction:

England and Wales

Citing:

See AlsoM, Regina (on The Application of) v The Parole Board and Another Admn 22-May-2013
(Jan 2013) The court was asked whether an order for anonymity made in the course of proceedings for judicial review should be discharged upon the application of media and other interested parties. Various newspapers had applied for the order to be . .

Cited by:

CitedRegina (on the application of C) v Secretary of State for Justice SC 27-Jan-2016
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to . .
Lists of cited by and citing cases may be incomplete.

Prisons, Media

Updated: 09 December 2022; Ref: scu.606370

Attorney General v British Broadcasting Council: HL 1981

The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt.
Held: A body, which has a judicial function, was a court, whereas if it has an administrative function, albeit carried out judicially, it would not be a court. Lord Scarman: ‘there is a presumption, albeit rebuttable, that our municipal law will be consistent with our international obligations’
Viscount Dilhorne said: ‘While every court is a tribunal, the converse is not true. There are many tribunals which are not courts, despite the fact that they are charged with dealing with certain matters, and have features in common with courts. The distinction is drawn in this Country between tribunals which are courts and those which are not . . Generally I would say that just because a tribunal has features resembling those of a court, it should not be held to be a court. Tribunals created by or under acts of Parliament are not, as a general rule, courts, unless constituted as such by the act creating them. The only exception to this that I can find is the Lands Tribunal . . Parliament has on occasions enacted that a tribunal shall be a court. When it has refrained from doing so, say in the case of the Lands Tribunal, I am not prepared to hold that a tribunal it has created, no matter how much it resembles a court, is a court . . I think that a distinction has to be drawn between courts which discharge a judicial function and those which discharge administrative ones, between courts of law which form part of the judicial system of the Country on the one had, and courts which are constituted to resolve problems which arise in the course of administration or the government of this Country. In my opinion, a local valuation court comes within the latter category. It discharges functions formerly performed by assessment committees. It has to resolve disputes as to the valuation of hereditaments, while its decisions will affect an occupier’s liability for rates, it does not determine his liability. It is just part of the process of rating.’
Lord Edmund-Davies said: ‘At the end of the day, it has unfortunately to be said that there emerges no sure guide, no unmistakable hallmark by which a ‘court’ or ‘inferior court’ may unerringly be identified. It is largely a matter of impression. My own firm view is that a local valuation court is not such a body. I would add to that, if Parliament had it in mind to bring local valuation courts within the contempt procedure by which the Divisional Court is empowered to protect ‘inferior courts’, it is regrettable that they did not make this clear by legislation, as they have already done in several other Acts of Parliament cited to your Lordships.’

Judges:

Lord Scarman,Lord Edmund-Davies, Viscount Dilhorne

Citations:

[1981] AC 303, [1980] 3 All ER 161, [1980] 3 WLR 109

Jurisdiction:

England and Wales

Cited by:

CitedAD and OH (A Child) v Bury Metropolitan Borough Council CA 17-Jan-2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle . .
CitedRegina v Metcalf, Denton, Foster 26-May-2021
Public Inquiry is not In the Course of Justice
(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media, Contempt of Court

Updated: 09 December 2022; Ref: scu.238719

Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for Reporting Restriction Orders): 2005

Citations:

[2005] 2 FLR 111

Jurisdiction:

England and Wales

Cited by:

CitedE v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Lists of cited by and citing cases may be incomplete.

Media, Family

Updated: 09 December 2022; Ref: scu.231164

General Medical Council v British Broadcasting Corporation: CA 10 Jun 1998

Consideration was given to the position of the Professional Conduct Committee of the General Medical Council as constituted. The committee exercised disciplinary powers over registered medical practitioners. For the purposes of contempt of court, proceedings before the professional conduct committee of the General Medical Council were not a court which was accordingly not entitled to control reporting.

Judges:

Stuart-Smith, aldous, Robert Walker LJJ

Citations:

Gazette 24-Jun-1998, Times 11-Jun-1998, [1998] EWCA Civ 949, [1998] 3 All ER 426, [1998] 1 WLR 1573

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Metcalf, Denton, Foster 26-May-2021
Public Inquiry is not In the Course of Justice
(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media, Health Professions

Updated: 09 December 2022; Ref: scu.144428

Yates v The Queen: CA 1885

The Court considered whether a procedural step taken towards bringing a (criminal) libel action amounted to the commencement of a ‘criminal prosecution’ within the meaning of s.3 of the 1881 Act.

Citations:

(1885) 14 QBD 687

Statutes:

Newspaper Libel and Registration Act 1881 3

Jurisdiction:

England and Wales

Cited by:

CitedCXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Media

Updated: 07 December 2022; Ref: scu.652135

ERY v Associated Newspapers Ltd: QBD 4 Nov 2016

The anonymised claimant sought an order restraining the defendant and its newspapers publishing material about him which he said was confidential.
Held: Nicol J said that there was a reasonable expectation of privacy in the information that a person was being investigated by the police, but he did so on the back of a concession that the fact that that person had been interviewed under caution attracted a reasonable expectation

Judges:

Nicol J

Citations:

[2016] EWHC 2760 (QB), [2017] EMLR 9

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedCXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Media, Information

Updated: 07 December 2022; Ref: scu.570915

Rochdale Metropolitan Borough Council v A: 1991

Ten children were taken into care amid allegations of ritual satanic sex abuse.
Held: the allegations were not proved. All but four of the children were returned home. Injunctions were granted to protect the identify of the children and of the social workers involved. As to the actions of the social workers: ‘the local authority employees I have been concerned with are decent people. They are not heartless or ruthless. They acted throughout with the best interests of these children in mind as they saw them. Nevertheless mistakes were made and it is greatly to their credit that most of them have been acknowledged.’

Judges:

Mr Justice Douglas Brown

Citations:

[1991] 2 FLR 192

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Cited by:

See AlsoBritish Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
CitedDoctor A and Others v Ward and Another FD 8-Jan-2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 07 December 2022; Ref: scu.237480

Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013

ECHR Article 10-1
Freedom to impart information
Freedom to receive information
Conviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissible
Facts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website ‘The Pirate Bay’ (TPB). The service provided by TPB made it possible for users to contact each other through torrent files and exchange digital material through file-sharing outside TPB’s computers. In 2008 they and others were charged with complicity to commit crimes in violation of the Copyright Act on the grounds that they had furthered the infringement by the website’s users of copyright in music, films and computer games. The applicants were convicted. On appeal the first applicant was sentenced to ten months’ imprisonment and the second applicant to eight months. They were also held jointly liable with the other defendants in damages of approximately EUR 3,300,000.
Law – Article 10: The applicants had put in place the means for others to impart and receive information within the meaning of Article 10. Their actions were afforded protection under that provision and, consequently, their convictions had interfered with their right to freedom of expression. Since they were convicted only in respect of material which was protected by copyright in accordance with the Copyright Act, the interference was ‘prescribed by law’. It had pursued the legitimate aims of protecting the rights of others and preventing crime..
As to whether the interference had been necessary in a democratic society, the Court was called upon to weigh the applicants’ interest in facilitating the sharing of the information against the interest in protecting the rights of the copyright-holders. As intellectual property, copyright was entitled to protection under Article 1 of Protocol No. 1 to the Convention. Accordingly, since it had to balance two competing interests which were both protected by the Convention, the respondent State had enjoyed a wide margin of appreciation. Indeed, that margin was particularly wide in the instant case as the type of material in respect of which the applicants were convicted was not entitled to the same level of protection as that afforded to political expression and debate. Further, since the Swedish authorities were under an obligation to protect the plaintiffs’ property rights in accordance with the Copyright Act and the Convention, there were weighty reasons for the restriction of the applicants’ freedom of expression. The Swedish courts had advanced relevant and sufficient reasons for finding that the applicants’ activities within the commercially run TPB amounted to criminal conduct. Lastly, the prison sentence and award of damages could not be regarded as disproportionate in view in particular of the applicants’ failure to take any action to remove the impugned torrent files, despite being urged to do so, and of their indifference to the fact that copyright-protected works had been the subject of file-sharing activities via TPB..
In conclusion, regard being had in particular to the nature of the information shared and the weighty reasons given, the interference with the applicants’ freedom of expression had been necessary in a democratic society.
Conclusion: inadmissible (manifestly ill-founded).

Citations:

40397/12 – Legal Summary, [2013] ECHR 394

Links:

Bailii

Statutes:

European Convention on Human Rights 10-1

Human Rights, Media, Intellectual Property, Information

Updated: 05 December 2022; Ref: scu.491923

Ackroyd v Mersey Care NHS Trust: 18 Oct 2002

The medical records of a patient at the hospital had been provided by an employee to a journalist who then provided a story to the Mirror. An order had been made for the Mirror to disclose the source. An application was now made against the journalist himself.

Judges:

Gray J

Citations:

[2002] EWHC 2115 (QB)

Jurisdiction:

England and Wales

Cited by:

Appeal fromAckroyd v Mersey Care NHS Trust CA 16-May-2003
The journalist was required to provide the source of his material. In an earlier hearing the newspaper had been ordered to disclose the name of its source, the journalist. The claimant obtained summary judgement, which the journalist now appealed. . .
CitedMersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
See AlsoMersey Care NHS Trust v Ackroyd CA 21-Feb-2007
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source.
Held: The appeal failed. Given . .
CitedFinancial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 05 December 2022; Ref: scu.238511

Lees, Regina v: CANI 6 Apr 2001

The BBC sought leave to appeal against an order following the conviction by a jury of the defendant on drugs charges and his pleas of guilty on the counts of various types of fraudulent activity. The judge’s order, made under section 4(2) of the Contempt of Court Act 1981 prohibited the reporting of any of the proceedings or sentences passed in respect of the three bills –
‘until the time has expired within which Notice of Appeal to the Court of Appeal in Northern Ireland in Bill of Indictment 169/99 may be given or, in the event of such notice being given, until the Appeal in Bill of Indictment 169/99 has been heard and determined or, in the event of a retrial being granted by the Court of Appeal in Northern Ireland, such retrial has been heard and determined.’
The BBC applied for leave to appeal against the order, pursuant to the provisions of section 159 of the Criminal Justice Act 1988. Leave was refused by the single judge, and the BBC renewed its application to this court.

Citations:

[2001] NICA 19

Links:

Bailii

Jurisdiction:

Northern Ireland

Criminal Practice, Media

Updated: 05 December 2022; Ref: scu.201965

Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

ECHR Article 10-1
Freedom to impart information
Freedom to receive information
Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible
Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to a confidential letter that had been sent to a third party by a tribunal of inquiry set up to investigate alleged corruption. The tribunal ordered the applicants to produce and hand over the documents on which the article was based, but the second applicant replied that they had been destroyed to protect the newspaper’s sources. The tribunal then brought proceedings in the Irish courts for orders compelling the applicants to comply with the tribunal’s order and to appear before the tribunal to answer its questions concerning the source and whereabouts of the documents. Although the Supreme Court ultimately found in the applicants’ favour, it nevertheless ordered them to pay the costs of the proceedings on the grounds that by deliberately destroying the evidence they had deprived the courts of any power to give effect to the tribunal’s order.
In their application to the European Court, the applicants complained that the costs award had interfered with their right to protect their journalistic sources.
Law – Article 10: The Supreme Court’s ruling on costs was not to be characterised as an interference with the applicants’ right to protect the secrecy of their journalistic sources. The issue whether the tribunal had an interest in ascertaining the source of the leak would have involved the balancing of competing public interests and was for the domestic courts to resolve in the first place, guided by the relevant Convention case-law. The domestic courts would have been in a position to do so had the applicants not destroyed the documents. Where competing public interests were in issue, the correct course would have been to allow for a proper judicial determination of the matter in its entirety. Permitting the High Court, and subsequently the Supreme Court, to adjudicate the matter in full would have been fully consonant not only with Article 10, but also with the rule of law, a fundamental principle of the Convention as a whole.
The course of action adopted by the applicants in the instant case was not a legitimate exercise of their right under Article 10 to refuse to disclose their source. The protection of the courts had been available to them in order to vindicate their rights. The Convention did not confer on individuals the right to take upon themselves a role properly reserved to the courts. As the domestic courts had underscored, this was, effectively, what the applicants had done through the deliberate destruction of the very documents that were at the core of the Tribunal’s inquiry.
The Court did not accept that the order for costs was liable to have a chilling effect on freedom of expression. As a general principle, costs were a matter for the discretion of the domestic courts. Furthermore, the order for costs in the circumstances of the applicants’ case could have no impact on public interest journalists who vehemently protected their sources yet recognised and respected the rule of law. The Court could discern nothing in the costs ruling to restrict publication of a public interest story, to compel disclosure of sources or to interfere in any other way with the work of journalism. What the ruling signified was that all persons must respect the role of the courts, and that nobody, journalists included, could usurp the judicial function. The true purport of the Supreme Court’s ruling was to signal that no party was above the law or beyond the lawful jurisdiction of the courts.
Conclusion: inadmissible (manifestly ill-founded).

Citations:

29804/10 – Legal Summary, [2014] ECHR 1284

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Human Rights, Media

Updated: 04 December 2022; Ref: scu.538919

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act.
Held: It was common ground that neither the Civil nor the Criminal Procedure Rules contain any provisions governing an application under section 9 and schedule 1 of PACE. Paragraph 7 of schedule 1 requires the hearing to be conducted inter partes, but apart from that the only procedural requirement is that they be conducted in accordance with common law principles of fairness and the requirements of Article 6 of the ECHR.
The procedure adopted in this case was unlawful: ‘there was a failure to observe a fundamental principle of law bearing directly on the fairness of the proceedings, a matter which the court should be very slow to condone. Moreover, however carefully the judge considered the secret evidence, that can be no substitute for allowing B Sky B to challenge it, for the reasons given by Lord Kerr in Al Rawi.’

Judges:

Moore-Bick LJ, Bean J

Citations:

[2011] EWHC 3451 (Admin), [2012] 3 WLR 78, 2012 GWD 21-432, 2012 SCL 635, 2012 SCCR 562, [2012] 4 All ER 600, [2012] QB 785, [2012] HRLR 24

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 9, Official Secrets Act 1989 1

Jurisdiction:

England and Wales

Citing:

CitedMalik v Manchester Crown Court and others; Re A Admn 19-Jun-2008
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on . .
CitedRegina v Davis HL 18-Jun-2008
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, . .
CitedAl Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
CitedAl Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
CitedRegina v Central Criminal Court Ex Parte Bright; Regina v Same, Ex Parte Rusbridger QBD 21-Jul-2000
An order was made for a journalist to disclose to the police material disclosed to him in connection with a prosecution under the Official Secrets Act. The journalist appealed the order, on the basis that it was in effect an order that he . .

Cited by:

Appeal fromBritish Sky Broadcasting Ltd, Regina (on The Application of) v The Commissioner of Police of The Metropolis SC 12-Mar-2014
The court was asked as to the powers of Magistrates hearing an application for a search warrant to receive excluded or special procedure material which had not been disclosed to the respondent. The court had overturned an order made by the district . .
Lists of cited by and citing cases may be incomplete.

Police, Media, Magistrates, Human Rights, Natural Justice

Updated: 04 December 2022; Ref: scu.459730

Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others: ChD 2 May 2012

The claimant record companies sought injunctions to prevent the defendant broadband suppliers allowing access to a website which provided facilties to those wishing to swap materials which infringed the claimants’ copyrights in music.
Held:

Judges:

Arnold J

Citations:

[2012] EWHC 1152 (Ch)

Links:

Bailii

Statutes:

European Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 8(3), Copyright, Designs and Patents Act 1988 97A

Jurisdiction:

England and Wales

Citing:

CitedTwentieth Century Fox Film Corp and Others v British Telecommunications Plc ChD 28-Jul-2011
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
Principal judgmentDramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others ChD 20-Feb-2012
The claimants, music copyright holders, sought an injunction against the defendant Internet Service Providers to require them to restrain access to a file-sharing website (TPB).
Held: The website was infringing the copyright of the claimants. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media

Updated: 04 December 2022; Ref: scu.454052

News Media Ownership v Finlay: 1970

(New Zealand Court of Appeal ) The plaintiff, a Member of Parliament, brought libel proceedings against a newspaper in respect of an article appearing in the newspaper which alleged that the plaintiff had been acting improperly and for purposes of personal profit in making statements in the House. North P said: ‘Mr McKay was right when he submitted that while violence of language is not in itself enough to take away privilege even though it may provide evidence of malice, yet privilege is lost if the reply becomes a counter attack raising allegations against the plaintiff which are unrelated or insufficiently related to the attack he made on the defendant. In other words he cannot claim the protection of privilege if he decides to bring fresh accusations against his adversary.’ and, as to a contention that the words complained of were not defamatory:
‘In my opinion, there is no substance in this contention, for surely it is plain enough that it is harmful to the trading reputation of a newspaper company to allege that it conducts its business without regard for the public interest, its principal concern being merely with the making of profits.’

Judges:

North P

Citations:

[1970] NZLR 1089

Jurisdiction:

England and Wales

Cited by:

CitedPrebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Commonwealth, Media, Defamation

Updated: 04 December 2022; Ref: scu.409976

Debt Free Direct Ltd, Regina (on the Application Of) v Advertising Standards Authority Ltd: Admn 15 May 2007

The claimant sought continuation of a without notice interim injunction to restrain the defendant from publishing its findings on a complaint against the claimant.

Judges:

Sullivan J

Citations:

[2007] EWHC 1337 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd QBD 9-Dec-1992
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information . .
CitedRegina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited Admn 8-Aug-1997
An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent . .
Lists of cited by and citing cases may be incomplete.

Media, Administrative

Updated: 04 December 2022; Ref: scu.254475

X County Council v A and another: 1984

The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. Without a court order publication would not be a contempt of court. However, wardship proceedings, like other proceedings concerning the care and upbringing of children, are held in private in the higher courts and reporting them without leave may be a contempt. An order was made allowing the publication but only in such a way as to protect their identities. On the analogy of a Mareva injunction, he granted it against the world. He considered that if the court could protect proprietary interests in this way it ought also to be able to protect the interests of its wards. He was also conscious of the unfairness to the particular newspaper concerned in the case if it alone was prohibited from publication.

Judges:

Balcombe J

Citations:

[1984] 1 WLR 1422, [1985] All ER 53

Statutes:

Administration of Justice Act 1960 12(1)(a)

Jurisdiction:

England and Wales

Cited by:

CitedRe S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
CitedR (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
CitedIn re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 01 December 2022; Ref: scu.184564

Smithkline Beecham Plc and Advertising Standards Authority: Admn 21 Dec 2000

The appellants sold a soft drink. They advertised it using a toothbrush as part of the image. They also said ‘Ribena Toothkind does not encourage tooth decay’, and cited support from the British Dental Association. The Authority held that this suggested that the drink had health giving qualities, and banned the advertisements. The company appealed. The Authority relied on a report by an expert who had allied himself with complainants against the company beforehand.
Held: The independence of experts in such procedures is vital. The person of whom complaint was made acted as a consultee only. This court must act as the hypothetical observer, the reasonable man, and assess whether in any case there has in fact been a real danger, risk or possibility of unjust bias. There was no such risk apparent here. The adjudication stood.

Judges:

Mr Justice Hunt

Citations:

[2000] EWHC Admin 442

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedLocabail (UK) Ltd v Bayfield Properties Ltd and Others (No 3) ChD 29-Feb-2000
It can be proper to award costs against a third party to an action where his behaviour had fallen short of strictly maintaining the action. Here a husband had funded his wife’s defence knowing that she would be unable to support any order for costs . .
Lists of cited by and citing cases may be incomplete.

Media, Health

Updated: 01 December 2022; Ref: scu.140259

The Football Association Premier League Limited, The Football Association Limited, The Football League Limited (And Their Respective Member Clubs) v British Sky Broadcasting Limited, British Broadcasting Limited: RPC 28 Jul 1999

Agreements had been made controlling the broadcasting of football matches. The director general sought to challenge them as restrictive practices, since the individual clubs had signed away their right themselves to arrange for the broadcasting of their matches. The Premier league constitution required the clubs to surrender certain rights to it. Exclusive rights had been sold to Sky Television.
Held: It is an established principal that an obligation must involve the closing of a door that was previously open, if it is to be regarded as a restriction. The starting point was of individual clubs coming together under certain conditions, not that of an existing group accepting restrictions. The sharing of revenues promoted financial equality and improved the competitiveness of the league, and also promote competition between broadcasters. Nevertheless some restrictions were declared acceptable, as to the freedom to offer broadcasting of matches to other TV companies by individual clubs, as to a first offer of highlights to the BBC, and that of not entering into other competitions without the consent of the Premier League. The restriction against the offer of rights to offer matches to other satellite companies was unlawful.

Judges:

The Hon. Mr.Justice Ferris, Mr. B.M.Currie, Mr. D.L.Summers

Citations:

Times 18-Aug-1999, [2000] EMLR 78

Statutes:

Restrictive Trade Practices Act 1976 1(2) 19(1), Restrictive Trade Practices (Services) Order 1976 (1976 SI 1976/98)

Jurisdiction:

England and Wales

Citing:

CitedRe Telephone Apparatus Manufacturers’ Application CA 1963
Willmer LJ said that a particular agreement did not involve the acceptance of restrictions: ‘This, in the picturesque phrase used by [counsel for the Association], did not have the effect of closing any door that was previously open to the . .
ConfirmedRe Ravenseft Properties Ltd’s Application 1978
A restriction in terms of the 1976 Act was not accepted merely by the agreement with the landlord. The tenant, in taking the lease, did not restrict a pre-existing freedom to trade on the demised premises, but rather obtained a new, but limited, . .

Cited by:

CitedAttheraces Ltd and Another v British Horse Racing Board and Another ChD 21-Dec-2005
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use.
Held: BHB . .
Lists of cited by and citing cases may be incomplete.

Commercial, Media

Updated: 01 December 2022; Ref: scu.135823

Regina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited: Admn 8 Aug 1997

An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent the respondents from publishing their adjudication. Popplewell J considered the question whether or not injunctive relief should be granted.
Popplewell J said: ‘The respondents have taken two discrete points. Firstly, in the light of Laws J’s decision in R v Advertising Standards Authority Limited [1992] WLR 1289. A public body should not normally be restrained from discharging its ordinary duties of expressing opinions or conveying information, save on pressing grounds, which did not obtain in that case, and it is said do not obtain in the instant case . . . .
I turn to the first issue namely the decision of Laws J . . . The facts of that case are identical to the facts in the instant case. Laws J’s conclusion was based on an analogy with those decisions, too well-known to need repetition, in libel law, that a court will not restrain publication of an article even where it is defamatory where a defendant says he intends to justify it.’
‘I do not find the analogy with the libel cases enormously helpful. It does not seem to me that reference, for instance, to the freedom of expression and the protection of human rights and fundamental freedoms has any relation to the instant case. This is not an expression of opinion and conveyance of information, save in the broadest sense. It is telling people the decision to which the respondents have come. The respondents are exercising a quasi judicial function, and the very word ‘adjudication’, while it is, of course, an expression of opinion, in the same way as a judgment is an expression of a judge’s opinion, is quite different from what appears as somebody’s view in a national newspaper. Therefore, with great respect to Laws J, I do not find his decision compelling.’
As to the delay in making the application: ‘The true test, which is the balance of convenience test, must take into account that this is a public case, so that the public interest is involved, over and above the private considerations of an ordinary commercial case. Looking at the balance of convenience, I have to see where that lies.’
‘In my view the correct approach is first to ask whether there is a serious issue that the Act in question is unlawful; and here, for the reasons I have already given, that is not the case. Beyond that, in the particular circumstances of this case, I consider that the correct approach is that adopted by Laws J (as he then was) in Vernons Organisation, to which I have already referred. There is something of a judicial dispute between Laws J and Popplewell J in his more recent judgment in R v Advertising Standards Authority ex parte Direct Line Financial Services Limited [1998] COD 20. To the extent that it might be appropriate for a deputy judge to join the debate, I unhesitatingly take the view that Laws J is correct. This is essentially a matter of public law and it must be addressed in public law terms. The general principle is that the courts will not restrain the expression of an opinion or the conveyance of information whether by private individual or a public body, save on exceptional grounds, and that principle is not disengaged because an intended publication contains material which is subject to legal challenge. A public body would not normally be restrained from discharging its ordinary duties on that ground. That is particularly so where, as in the present case, the public body has a duty to protect the public. The judgment of Laws J was delivered in 1992, and his reasoning is all the more compelling today in the light of the effect of the Human Rights Act 1998.
(36) I also consider that there is a compelling analogy here with the reasoning of Bonnard v Perryman [1891] 2 Ch 269 in the context of defamation. In any event, before an injunction would be granted it would be necessary for the court to consider what damage would be caused to the claimant. There has been no real attempt by the claimant to rely on damage to reputation or damage to the claimant in other ways. There is very little in the way of evidence which might support such a claim. Rather, the application has been made on the basis of the impact of the ruling on the industry generally. It seems to me that the interests of the industry and the public at large will be better served by an open debate on the adjudication at an early opportunity. In any event, the public policy considerations on which the defendant relies in this case are, to my mind, compelling and would be strong reasons against the grant of an injunction.’

Judges:

Popplewell J

Citations:

[1997] EWHC Admin 770

Jurisdiction:

England and Wales

Citing:

CitedRegina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd QBD 9-Dec-1992
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information . .

Cited by:

CitedDebt Free Direct Ltd, Regina (on the Application Of) v Advertising Standards Authority Ltd Admn 15-May-2007
The claimant sought continuation of a without notice interim injunction to restrain the defendant from publishing its findings on a complaint against the claimant. . .
Lists of cited by and citing cases may be incomplete.

Media, Administrative

Updated: 01 December 2022; Ref: scu.137715

Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992

An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. Freedom of expression is as much a sinew of the common law as it is of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Laws J said: ‘If a private individual will not be restrained from expressing his opinion save on pressing grounds I see no reason why a public body having a duty, other things being equal, to express its opinion should be subject to any less rigid rules. It seems to me that the case is, if anything, analogous to one where an administrative body has an adjudicative function and in the course of its duties publishes a ruling criticising some affected person and the ruling is later disturbed or reversed by an appropriate appellate process. There are many such instances and many of them involve the criticism of members of the public, corporate or natural.
I do not know of an instance in which a public body of that kind would fall to be restrained from carrying out what is no more nor less than its ordinary, but important, everyday duties simply upon the grounds that the intended publication contains material which is subject to legal challenge as being vitiated by some error of law. If the application for judicial review here is successful I cannot think but that there are ample means at the applicant’s disposal to correct any adverse impression which what, ex hypothesi, would be an unlawful report may have given to the public. Indeed, though it has not been canvassed in argument, I know of no reason why the fact that they have obtained leave should not itself be disseminated if they wish to take any steps in that direction since this is an attempt to prevent the public and indeed, in fairness to the applicant, its fellow advertisers and others in the trade to which it belongs from seeing that the authority has reached those conclusions. I do not consider that the effects of that publication are damaging to the applicant in a manner which would be so irreparable, so past recall as to amount to a pressing ground, in the language of Strasbourg, a pressing social need, to restrain this public body from carrying out its function in the ordinary way.’

Judges:

Laws J

Citations:

Gazette 09-Dec-1992, [1992] 1 WLR 1289, [1993] 2 All ER 202

Jurisdiction:

England and Wales

Cited by:

CitedDouglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .
CitedRegina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited Admn 8-Aug-1997
An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent . .
CitedDebt Free Direct Ltd, Regina (on the Application Of) v Advertising Standards Authority Ltd Admn 15-May-2007
The claimant sought continuation of a without notice interim injunction to restrain the defendant from publishing its findings on a complaint against the claimant. . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Media, Human Rights

Updated: 01 December 2022; Ref: scu.86039

Murphy v Media Protection Services Ltd: Admn 21 Dec 2007

The prosecutor appealed dismissal of a charge of receiving a broadcast television programme with intent to avoid payment. The defendant ran a public house. She acquired a card which allowed her to receive transmissions from a Greek satellite broadcasting premier league football matches. The intellectual property rights to such matches in the UK lay with BSkyB alone. BSkyB had captured the visual images and sounds and transmitted them with commentaries. These were then sold on to the Greek company.
Held: The appeal was dismissed. The requisite intent to avoid any charge applicable was satisfied in the circumstances. It was wrong to attempt to determine whether a programme included in a broadcasting service is provided from a place in the United Kingdom by reference to Directive 93/83.

Judges:

Pumfrey LJ, Stanley Burnton J

Citations:

[2007] EWHC 3091 (Admin), [2008] Bus LR 1454, [2008] ECDR 9, [2008] ACD 30, (2008) 31(3) IPD 31018, [2008] FSR 15, [2008] 1 WLR 1869

Links:

Bailii

Statutes:

Copyright, Designs and Patents Act 1988 297(1), Copyright and Related Rights Regulations 2003 (SI 2003/2498), Copyright and Related Rights Regulations 1996 (SI 1996/2967, Council Directive 93/83/EEC of 27th September 1993 on the co-ordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable re-transmission, Council Directive 89/552/EEC of 3rd October 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

Jurisdiction:

England and Wales

Citing:

CitedMarleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
CitedEntidad de Gestion de Derechos de los Productores Audiovisuales (Egeda) v Hosteleria Asturiana SA (Hoasa). ECJ 3-Feb-2000
Europa The question whether the reception by a hotel establishment of satellite or terrestrial television signals and their distribution by cable to the various rooms of that hotel is an act of communication to . .
CitedLagardere Active Broadcast ECJ 14-Jul-2005
Europa Copyright and neighbouring rights – Broadcasting of phonograms – Equitable remuneration. . .
Lists of cited by and citing cases may be incomplete.

Crime, Intellectual Property, Media, European

Updated: 30 November 2022; Ref: scu.263492

Lidl Belgium GmbH and Co KG v Etablissementen Franz Colruyt NV: ECJ 19 Sep 2006

ECJ (Approximation of Laws) – Directives 84/450/EEC and 97/55/EC – Misleading advertising – Comparative advertising – Conditions under which comparative advertising is permitted – Comparison of the general level of the prices charged by chains of stores – Comparison of the prices of a selection of products.

Citations:

C-356/04, [2006] EUECJ C-356/04, [2007] 1 CMLR 9

Links:

Bailii

Statutes:

Directive 84/450/EEC, Directive 97/55/EC

Jurisdiction:

European

Cited by:

CitedOffice of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Lists of cited by and citing cases may be incomplete.

Media, Consumer

Updated: 30 November 2022; Ref: scu.245113

Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001

PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination.
Held: The motive in closing the programme was relevant in deciding whether there was a contravention of section 11. It wanted to stop criticism of the state lottery. Mr Benjamin had no primary right to broadcast. But he did have a right not to have his access to the medium denied on politically discriminatory grounds. There had been a contravention of his rights to freedom of speech and expression protected by section 11 of the Constitution.

Judges:

Lord Slynn of Hadley, Lord Nicholls of Birkenhead, Lord Nolan, Lord Cooke of Thorndon, Lord Clyde

Citations:

[2001] 1 WLR 1040, [2001] UKPC 8

Links:

Bailii, PC, PC

Statutes:

Constitution of Anguilla 1 8 10 11 13

Jurisdiction:

England and Wales

Citing:

CitedThe Attorney General v Payne 1982
. .
CitedRegina v Greater London Council ex Parte Blackburn 1976
The making of an order of prohibition was postponed to allow the defendant Council to take certain action. . .
CitedMinister of Home Affairs v Fisher PC 1979
Respect must be paid to the language which has been used in a constitutional statute and to the traditions and usages which have given meaning to that language. It is quite consistent with this, and with the recognition that rules of interpretation . .
CitedAttorney-General v Momodou Jobe PC 26-Mar-1984
(Gambia) A constitution, and in particular that part of it which protects and entrenches fundamental rights and freedoms to which all persons in the state are to be entitled, is to be given a generous and purposive construction. In the construction . .
CitedLingens v Austria ECHR 8-Jul-1986
Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, . .
CitedOberschlick v Austria ECHR 23-May-1991
A journalist was convicted by a court which regarded itself as bound by the opinion of the court of appeal which had remitted his case to the lower court for trial after it had been dismissed by that court. The judge who presided over the court of . .
CitedInformationsverein Lentia Etal v Austria ECHR 1-Dec-1993
A prohibition on the setting up and operating of a broadcasting station is capable of being violation.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. . .
CitedHandyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
CitedRangarajan v Jagjivan Ram 30-Mar-1989
(Supreme Court of India) Democracy is a government by the people via open discussion. The democratic form of government itself demands of its citizens an active and intelligent participation in the affairs of the community. The public discussion . .
CitedFernando v Sri Lanka Broadcasting Corporation 1996
(Sri Lanka) Broadcasts were planned including discussion by experts and listeners. Mr Fernando had participated in these discussions. After criticisms of the government the service came to an end and the broadcasts included little listener . .
CitedCable and Wireless (Dominica) Limited v Marpin Telecoms and Broadcasting Company Limited PC 30-Oct-2000
(Dominica) The importance of telecommunications in today’s society meant that it would be an infringement of the right of freedom of expression guaranteed under the constitution to grant a monopoly right to provide such services within a nation. . .
CitedOlivier v Buttigieg PC 1967
(Malta) Following the condemnation by the Archbishop of Malta of a weekly newspaper the ‘Voice of Malta’, the entry into hospitals and branches of his department of newspapers condemned by the church authorities was ‘strictly forbidden’.
Held: . .

Cited by:

CitedRegina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
CitedGeorge Worme Grenada Today Limited v The Commissioner of Police PC 29-Jan-2004
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed.
Held: The appeal was dismissed. The . .
CitedObserver Publications Limited v Campbell ‘Mickey’ Matthew The Commissioner of Police and The Attorney General PC 19-Mar-2001
PC (Antigua and Barbuda) The claimant complained of the delay by the respondents in processing their request for a licence to run a radio station. It appealed refusal of constitutional redress and thta its right . .
Lists of cited by and citing cases may be incomplete.

Media, Constitutional, Human Rights

Updated: 30 November 2022; Ref: scu.163276

Re C (A Child): CA 24 Mar 2015

After the conclusion of very long running litigation between mother and father as to the upbringing of their child, the court now considered the publication of its judgment.
Held: The exercise of discretion concerning the publication of the judgment will be a simple case management decision to be taken at the conclusion of the judgment, and following a broad consideration of the applicable principles with basic reasons.

Judges:

Sullivan, McFarlane LJJ, Blake J

Citations:

[2015] EWCA Civ 500

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedH v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights, Media

Updated: 30 November 2022; Ref: scu.547526

Fortescue Metals Group Ltd and Another v Argus Media Ltd and Another: ChD 22 May 2020

Judges:

Miles J

Citations:

[2020] EWHC 1304 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoFortescue Metals Group Ltd and Another v Argus Media Limited and Another ChD 22-May-2020
. .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Commercial

Updated: 27 November 2022; Ref: scu.650959

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities

The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician.
Held: The appeal failed (Lords Hope and Steyn dissenting).
Guidelines were given for deciding the limits of fair comment and opinion. Under section 12 of the Human Rights Act 1998, the court is required, in relevant cases, to have particular regard to the importance of the right to freedom of expression. The common law is to be developed and applied in a manner consistent with article 10, and the court must take into account relevant decisions of the European Court of Human Rights. To be justified, any curtailment of freedom of expression must be convincingly established by a compelling countervailing consideration, and the means employed must be proportionate to the end sought to be achieved.
The House identified a defence of privilege where the statement involved discussing a matter of proper public interest, that the allegation said to be defamatory was part of the story, and make a real contribution to it, and that the information on which it was based had been acquired fairly, and the publisher had acted responsibly in publishing the information.
Lord Nichols dismissed the appeal saying that the English law of defamation should not allow the extension of the defence of qualified privilege to protect generally statements made about politicians or other public figures. Qualified privilege protects those making statements to investigating bodies looking at possible malpractice. The recognition of a generic qualified privilege of political speech as likely to make it unacceptably difficult for a victim of defamatory and false allegations of fact to prove reckless disregard of the truth. There is no sure distinction between political issues and issues of general public concern. Nevertheless
Lord Cooke dismissed the appeal.
Lord Hope of Craighead allowed the appeal
Lord Hobhouse dismissed the appeal.
Lord Steyn would have allowed the appeal.

Judges:

Lord Nicholls of Birkenhead, Lord Steyn, Lord Cooke of Thorndon, Lord Hope of Craighead, Lord Hobhouse of Wood-borough

Citations:

Times 29-Oct-1999, Gazette 25-Nov-1999, Gazette 17-Nov-1999, [2001] 2 AC 127, [1999] UKHL 45, [1999] 4 All ER 609, [1999] 3 WLR 1010, [2000] EMLR 1, [2000] HRLR 134, 7 BHRC 289

Links:

House of Lords, Bailii

Statutes:

Human Rights Act 1998 10 12

Jurisdiction:

England and Wales

Citing:

Appeal fromReynolds TD v Times Newspapers Ltd; Ruddock and Witherow CA 8-Jul-1998
The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege . .
CitedMcPherson v Daniels 1829
Bayley J said: Upon the great point, viz. whether it is a good defence to an action for slander for a defendant to show he heard it from another, and at that time named the author, I am of the opinion that it is not’ and ‘the law will not permit a . .
CitedCampbell v Spottiswoode 18-Apr-1863
The plaintiff, a dissenting Protestant minister, sought to advance Christianity in China by promoting a newspaper with letters emphasising its importance. The defendant attacked him in a rival newspaper, saying his motive was not to take the gospel . .
CitedLondon Artists Ltd v Littler CA 10-Dec-1968
The defence of fair comment on matters of public interest is not to be defined too closely. Lord Denning MR said: ‘Whenever a matter is such as to affect people at large, so that they may be legitimately interested in, or concerned at, what is going . .
CitedToogood v Spyring 1834
Qualified Privilege of Bona Fide Words Under Duty
The defence of qualified privilege arises where the statement in question was bona fide and without malicious intent to injure: ‘In general, an action lies for the malicious publication of statements which are false in fact, and injurious to the . .
CitedCox v Feeney 1863
In an action for libel, consisting of a publication in a newspaper of a report of an inspector of charities under the Charitable Trusts Act, containing a letter, written some years before, reflecting on the plaintiff in hs management of a college: . .
CitedDavies v Snead 1870
There are circumstances where a person is so situated that it ‘becomes right in the interests of society’ that he should tell certain facts to another, and so might have a defence of fair comment to a charge of defamation. . .
CitedHorrocks v Lowe HL 1974
The plaintiff complained of an alleged slander spoken at a meeting of the Town Council. The council meeting was an occasion attracting qualified privilege. The judge at trial found that the councillor honestly believed that what he had said in the . .
CitedSilkin v Beaverbrook Newspapers QBD 1958
The test of whether a comment amounted to fair comment, is whether the opinion, however exaggerated, obstinate or prejudiced, was honestly held by the person expressing it. Diplock J said: ‘Let us look a little more closely at the way in which the . .
CitedLondon Association for Protection of Trade v Greenlands Ltd HL 1916
There had been publication in confidence to a single potential customer.
Held: When testing whether an occasion was one for qualified privilege, the court must look to all the circumstances.
Lord Buckmaster LC said: ‘Again, it is, I . .
CitedPurcell v Sowler CA 1877
A Manchester newspaper reported a public meeting of poor-law guardians, in which a medical officer was said to have neglected to attend pauper patients when sent for.
Held: Publication was not privileged. The Court looked beyond the . .
CitedAllbutt v General Council of Medical Education and Registration CA 1889
The defendant had published a book with minutes of a meeting of the council recording that the plaintiff’s name had been removed from the medical register for infamous professional conduct. This followed an inquiry at which the plaintiff had been . .
CitedAdam v Ward HL 1917
The plaintiff, Major Adam MP, falsely attacked General Scobell in a speech in the House of Commons, thus bringing his charge into the national arena. The Army Council investigated the charge, rejected it and directed their secretary, Sir E Ward, the . .
CitedWebb v Times Publishing Co Ltd 1960
The Times newspaper published a report of the criminal trial in Switzerland of a British subject. When sued in defamation they sought to rely upon the defence of fair reporting of judicial proceedings.
Held: A blanket protection for reporting . .
CitedPerera v Peiris PC 1949
Qualified privilege claim upheld
(Ceylon) The ‘Ceylon Daily News’ had published extracts from a report of the Bribery Commission which was critical of Dr. Perera’s lack of frankness in his evidence. The Judicial Committee upheld a claim to qualified privilege. In the light of the . .
CitedWason v Walter; ex parte Wason QBD 1868
Defamation proceedings were begun in respect of newspaper reports of debates in Parliament.
Held: By analogy with reports of judicial proceedings, that fair and accurate reports of parliamentary proceedings were privileged. It was of paramount . .
CitedBlackshaw v Lord CA 1984
Claim to privilege must be precisely focused
The Daily Telegraph carried an article headed ‘Incompetence at ministry cost pounds 52 million’ recording that a number of senior civil servants had been reprimanded after investigation by the Public Accounts Committee. The plaintiff had been in . .
CitedBraddock v Bevins CA 1948
Mr. Bevins’ election address at a local election was the subject of qualified privilege in a defamation action.
Held: The court applied the classic requirements necessary to confer qualified privilege.
Lord Greene MR said: ‘A defamatory . .
CitedKingshott v Kent Newspapers Limited 1991
A question arose under the section as to whether a news piece was a fair and accurate report of proceedings at a local public enquiry. The judge had ruled that no reasonable jury properly directed could conclude that the words complained of were . .
CitedDerbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
CitedFressoz and Roire v France ECHR 21-Jan-1999
Le Canard Enchaine published the salary of M Calvet, the chairman of Peugeot, (which was publicly available information) and also, by way of confirmation, photographs of the relevant part of his tax assessment, which was confidential and could not . .
CitedBladet Tromso and Stensaas v Norway ECHR 20-May-1999
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the . .
CitedGoodwin v The United Kingdom ECHR 27-Mar-1996
An order for a journalist to reveal his source was a breach of his right of free expression: ‘The court recalls that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to . .
CitedThorgeir Thorgeirson v Iceland ECHR 25-Jun-1992
Two newspaper articles reported widespread rumours of brutality by the Reykjavik police. These rumours had some substantiation in fact, a policeman had been convicted recently. The purpose of the articles was to promote an investigation by an . .
CitedAttorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
CitedSlim v Daily Telegraph Ltd CA 1968
Courts to Settle upon a single meaning if disputed
The ‘single meaning’ rule adopted in the law of defamation is in one sense highly artificial, given the range of meanings the impugned words sometimes bear. The law of defamation ‘has passed beyond redemption by the courts’. Where in a libel action . .
CitedCassell and Co Ltd v Broome (No 2) HL 24-Feb-1972
Their Lordships varied an order for costs already made by the House in circumstances where the parties had not had a fair opportunity to address argument on the point. As the ultimate court of appeal, the House has power to correct any injustice . .
CitedHebditch v MacIlwaine CA 1894
On the defence of common interest such as to establish qualified privilege: ‘The defendant cannot create a privilege for himself because of honest belief on his part that the person to whom he made a slanderous communication had an interest or duty . .
CitedLingens v Austria ECHR 8-Jul-1986
Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, . .
CitedOberschlick v Austria ECHR 23-May-1991
A journalist was convicted by a court which regarded itself as bound by the opinion of the court of appeal which had remitted his case to the lower court for trial after it had been dismissed by that court. The judge who presided over the court of . .
CitedThe Sunday Times v The United Kingdom (No 2) ECHR 26-Nov-1991
Any prior restraint on freedom of expression calls for the most careful scrutiny. ‘Freedom of expression constitutes one of the essential foundations of a democratic society subject to paragraph (2) of Article 10. It is applicable not only to . .
CitedCastells v Spain ECHR 23-Apr-1992
The conviction of the applicant for publishing in a weekly magazine an article which insulted the government with the penalty of disqualification from public office, violated the applicants freedom of expression within the meaning of Article 10. ‘ . .
CitedDe Haes and Gijsels v Belgium ECHR 24-Feb-1997
The court emphasised that the press plays an essential role in a democratic society. The court trenchantly observed ‘It is incumbent on the press to impart information and ideas of public interest. Not only does the press have the task of imparting . .
CitedPlummer v Charman 1962
The court discussed the defence of fair comment in political cases: ‘I need hardly say that there is no privilege known to the law which entitles persons engaged in politics to misstate a fact about their opponent provided that they say it honestly . .
CitedDuncombe v Daniell 1837
The defendant was a voter in a parliamentary election. He wrote two letters which were published in a newspaper, the ‘Morning Post,’ which reflected upon the character of one of the candidates in his constituency. The plaintiff was awarded damages. . .
CitedPrebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
CitedX Ltd v Morgan-Grampian (Publishers) Ltd HL 1990
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
CitedMaxwell v Pressdram Ltd CA 1987
The court was asked whether disclosure should be ordered in the context of the statutory privilege which was created by s.10 of the 1981 Act. The publisher defendant had deposed that it would justify the material. At trial, however, the defence of . .
CitedBushell’s case 1670
The case was, that Bushel and other jurors in London (for the trial of a traverse on an indictment against several persons for conventicling against the form of the statute lately made) were fin’d and imprisoned at the sessions in the Old Baily, . .
CitedPenn and Mead’s case 1670
. .
CitedAnderson v Bank of British Columbia CA 1876
Litigation was threatened against an English bank concerning the conduct of an account kept at the branch of the bank in Oregon. The English bank’s London manager thought it necessary to ascertain the full facts and cabled the branch manager in . .
CitedAnderson v Bank of British Columbia CA 1876
Litigation was threatened against an English bank concerning the conduct of an account kept at the branch of the bank in Oregon. The English bank’s London manager thought it necessary to ascertain the full facts and cabled the branch manager in . .
CitedClark v Molyneux 1877
The test of malice in a defence of qualified privilege is ‘has it been proved that the defendant did not honestly believe that what he said was true, that is, was he either aware that it was not true or indifferent to its truth or falsity.’ . .
CitedBrims v Reid and Sons 1885
A newspaper had published an anonymous letter concerning the fitness for office of the pursuer who was seeking re-election as a member of a town council and to the public office of Dean of Guild. The publisher refused to disclose the name of the . .
CitedAnderson v Hunter 1891
The pursuer sought election as a county councillor for a division where a parish had been divided into two electoral divisions for county council purposes. The defender lived in the same parish but he was an elector in the other division. He had . .
CitedMcKerchar v Cameron 1892
A newspaper published an anonymous letter containing statements that the pursuer, a salaried official, was unfit for his post as a teacher in a public school. It was argued that the ratepayers and inhabitants of the neighbourhood had an interest and . .
CitedBruce v Leisk 1892
. .
CitedJohn v MGN Ltd CA 12-Dec-1995
Defamation – Large Damages Awards
MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in . .

Cited by:

AppliedLoutchansky v The Times Newspapers Ltd and Others (Nos 2 to 5) CA 5-Dec-2001
Two actions for defamation were brought by the claimant against the defendant. The publication reported in detail allegations made against the claimant of criminal activities including money-laundering on a vast scale. They admitted the defamatory . .
CitedMills v News Group Newspapers Limited ChD 4-Jun-2001
The applicant was in a relationship with Paul McCartney, and in view of attacks on other former Beatles, she sought to restrain publication of the address of a property she had contracted to buy. The newspaper had said it would not publish unless . .
CitedCream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited CA 13-Feb-2003
The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to . .
CitedNorwood v Director of Public Prosecutions Admn 3-Jul-2003
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the . .
CitedGeorge Worme Grenada Today Limited v The Commissioner of Police PC 29-Jan-2004
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed.
Held: The appeal was dismissed. The . .
CitedMeade v Pugh and Another QBD 5-Mar-2004
The claimant was a social work student. He attended a work experience placement, and challenged the report given by the defendants on that placement, saying it was discriminatory and defamatory. He appealed a strike out of his claim.
Held: The . .
CitedCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedTillery Valley Foods v Channel Four Television, Shine Limited ChD 18-May-2004
The claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat . .
CitedBaldwin v Rusbridger and Another QBD 23-Jul-2001
The newspaper had lost a defamation action, and a leader criticised the law, and defended its journalist in terms which the complainant considered, in effect reaffirmed the original libel.
Held: There is no duty on a newspaper to reply to . .
CitedLoutchansky v Times Newspapers Limited (No 2) CA 12-Mar-2001
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication.
Held: It is necessary for the defendants to . .
CitedPaddick v Associated Newspapers Ltd QBD 10-Dec-2003
The defendant sought disclosure of full statements used by the claimant . Extracts only had been supplied, and he said they contained private and confidential material.
Held: The application failed. The claimant had stated that the balance of . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedGreene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
CitedJameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe SPRL QBD 20-Jan-2004
It is almost inevitable that in a Reynolds privilege case to be tried by jury there will be presented to them a list of questions, sometimes no doubt formidably long. The object is to enable the judge to have the factual matrix upon which to make . .
CitedGeorge Galloway MP v Telegraph Group Ltd QBD 2-Dec-2004
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly . .
CitedBonnick v Morris, The Gleaner Company Ltd and Allen PC 17-Jun-2002
(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous.
Held: The publishers were protected by Reynolds privilege. The court . .
CitedJameel and Another v Wall Street Journal Europe Sprl (No 2) CA 3-Feb-2005
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege.
Held: ‘It is an established . .
CitedMiller v Associated Newspapers Ltd QBD 11-Nov-2003
A policemen sued in defamation. The newspaper pleaded Reynolds qualified privilege.
Held: The plea was struck out. There has developed tendency of defendants to plead qualified privilege since the Reynolds decision in ‘rather waffly . .
CitedArmstrong v Times Newspapers Ltd and David Walsh, Alan English CA 29-Jul-2005
The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity.
Held: The defence of qualified . .
CitedPanday v Gordon PC 5-Oct-2005
(Trinidad and Tobago) A senior politician had accused an opponent of pseudo-racism. The defendant asserted that he had a defence under the constitution, allowing freedom of political speech.
Held: The appeal failed. The statements were . .
CitedSingh and others v Chief Constable of West Midlands Police QBD 4-Nov-2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their . .
CitedGeorge Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
CitedLowe v Associated Newspapers Ltd QBD 28-Feb-2006
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication.
Held: To claim facts in aid of a defence of fair . .
CitedCharman v Orion Publishing Group Ltd and others QBD 13-Jul-2006
The claimant police officer sought damages from the defendants who had published a book alleging that he had been corrupt. The defendants claimed privilege under Reynolds and the 1996 Act.
Held: The defence of qualified privilege failed. . .
CitedSingh, Regina (on the Application of) v Chief Constable of West Midlands Police CA 28-Jul-2006
Sikh protesters set out to picket a theatre production which they considered to offend their religion. The respondent used a existing ASBO dispersal order which had been obtained for other purposes, to control the demonstration.
Held: The . .
CitedJameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .
CitedMersey Care NHS Trust v Ackroyd CA 21-Feb-2007
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source.
Held: The appeal failed. Given . .
CitedRoberts and Another v Gable and others CA 12-Jul-2007
The claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP.
Held: The appeal . .
CitedMalik v Newspost Ltd and others QBD 20-Dec-2007
The claimant, a politician, sought damages after another local politician accused him of using physical intimidation at elections. The defendant claimed a Reynolds privilege.
Held: This was not investigative journalism, and ‘There is no doubt . .
CitedBritish Broadcasting Corporation v CAFCASS Legal and others FD 30-Mar-2007
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and . .
CitedSeray-Wurie v The Charity Commission of England and Wales QBD 23-Apr-2008
The defendant sought an order to strike out the claimant’s allegations of defamation and other torts. The defendants claimed qualified privilege in that the statements complained of were contained in a report prepared by it in fulfilment of its . .
CitedCuristan v Times Newspapers Ltd CA 30-Apr-2008
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
CitedGrobbelaar v News Group Newspapers Ltd and Another CA 18-Jan-2001
The claimant had been awarded andpound;85,000 damages in defamation after the defendant had wrongly accused him of cheating at football. The newspaper sought to appeal saying that the verdict was perverse and the defence of qualified privilege . .
CitedGrobbelaar v News Group Newspapers Ltd and Another HL 24-Oct-2002
The claimant appealed against a decision of the Court of Appeal quashing the judgement in his favour for damages for defamation.
Held: The Court of Appeal was not able to quash a jury verdict as perverse, and the appeal succeeded. An appellate . .
CitedTimes Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
CitedQuinton v Peirce and Another QBD 30-Apr-2009
One election candidate said that another had defamed him in an election leaflet. Additional claims were made in injurious falsehood and under the Data Protection Act.
Held: The claim in defamation failed. There were no special privileges in . .
CitedMetropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others QBD 16-Jul-2009
The claimant complained that the defendant had published on its internet forums comments by posters which were defamatory of it, and which were then made available by the second defendant search engine. The court was asked what responsibility a . .
CitedThe Author of A Blog v Times Newspapers Ltd QBD 16-Jun-2009
The claimant, the author of an internet blog (‘Night Jack’), sought an order to restrain the defendant from publishing his identity.
Held: To succeed, the claimant would have to show that there would be a legally enforceable right to maintain . .
CitedFlood v Times Newspapers Ltd QBD 2-Oct-2009
The defendant had published a story in its newspaper. At that time it attracted Reynolds qualified privilege. After the circumstances changed, the paper offered an updating item. That offer was rejected as inadequate.
Held: The qualified . .
CitedFlood v Times Newspapers Ltd CA 13-Jul-2010
The claimant police officer complained of an article he said was defamatory in saying he was being investigated for allegations of accepting bribes. The article remained on the internet even after he was cleared. Each party appealed interim orders. . .
CitedSpiller and Another v Joseph and Others SC 1-Dec-2010
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal.
Held: The defendants’ appeal succeeded, and the fair . .
CitedLord Ashcroft KCMG v Foley and Others QBD 18-Feb-2011
The claimant sought to strike out defences of justification and fair comment saying that the pleadings were unsustainable for lack of clarity.
Held: The pleadings did contain obfuscation, and ‘if there is a viable defence of justification or . .
CitedBaturina v Times Newspapers Ltd CA 23-Mar-2011
The claimant appealed against directions given in her defamation action against the defendant. It had been said that she owned a house, and the defendant said that this was not defamatory. The claimant said that as the wife of the Mayor of Moscow . .
CitedCook v Telegraph Media Group Ltd QBD 29-Mar-2011
The claimant, an MP, complained in defamation of the defendant’s description of his rejected expenses claim regarding an assistant’s charitable donation. The paper pleaded a Reynolds defence. The claimant said that when published the defendant knew . .
CitedCommissioner of Police of The Metropolis and Another v Times Newspapers Ltd and Another QBD 21-Jun-2011
The defendant had published an article based upon information said to be confidential and leaked from the claimant’s offices. A defamation claimant was suing the defendant in defamation, and the defendant wished to rely on the information in its . .
CitedKelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
ExplainedFlood v Times Newspapers Ltd SC 21-Mar-2012
The defendant had published an article which was defamatory of the claimant police officer, saying that he was under investigation for alleged corruption. The inquiry later cleared him. The court was now asked whether the paper had Reynolds type . .
CitedBento v The Chief Constable of Bedfordshire Police QBD 1-Jun-2012
The claimant had been convicted of the murder of his girlfriend. On his acquittal on appeal, the police criticised the CPS decision not to retry the claimant, in effect, the claimant now said, continuing the accusation against him, and so defaming . .
CitedH v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
CitedEconomou v De Freitas QBD 27-Jul-2016
Failed action for defamation on rape allegations
The claimant had been accused by the defendant’s daughter of rape. He was never charged but sought to prosecute her alleging intent to pervert the course of justice. She later killed herself. The defendant sought to have the inquest extended to . .
CitedTurley v Unite The Union and Another QBD 19-Dec-2019
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .
Lists of cited by and citing cases may be incomplete.

Defamation, Media, Human Rights

Leading Case

Updated: 27 November 2022; Ref: scu.159027

Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

The claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The claimants said that a fair right of response would allow them to investigate allegations before replying.
Held: The court must be satisfied that there was no reason to expect the claim to fail before allowing a restraint of a future publication. The claim failed that test, and indeed had little prospect of success. The information did not have the characteristics of confidential information, and the public interest weighed in favour of disclosure of malpractice. Any right of reply was restricted to that given by a code of practice with no force in law.
Mann J said: ‘The truth of this matter is that this case is not about confidentiality at all. So far as Tillery has a claim it will be a claim based on the fact (if it be a fact) that the reporting is inaccurate and contains falsehoods. If and insofar as the reporting turns out to be accurate (as to which I can, of course, say nothing) then it cannot have a legitimate complaint in law. If it is inaccurate it will have a claim for the damage caused by that falsehood. In other words this is really a defamation action in disguise. It is not surprising that it cannot be squashed into the law of confidence. And even if it could, since the reality would still be that of a defamation action with parallel claims based on other wrongs , it would have been appropriate to apply the rule in Bonnardv Perryman to any claim for an interlocutory injunction, as was held by Lightman J in Service Corporation International plc v Channel Four Television’

Judges:

Mann, The Honourable Mr Justice Mann

Citations:

[2004] EWHC 1075 (Ch), Times 21-May-2004, Gazette 03-Jun-2004

Links:

Bailii

Statutes:

Human Rights Act 1998 12(3)

Jurisdiction:

England and Wales

Citing:

CitedBonnard v Perryman CA 2-Jan-1891
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
CitedMalone v Commissioner of the Police for the Metropolis (No 2) ChD 28-Feb-1979
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The . .
CitedCream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited CA 13-Feb-2003
The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to . .
CitedAustralian Broadcasting Corporation v Lenah Game Meats Pty Ltd 15-Nov-2001
(High Court of Australia) The activities of a company which processed possum meat for export (‘what the processing of possums looks,and sounds like’) were not such as to attract the quality of being confidential for the purpose of the law protecting . .
CitedAttorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
CitedService Corporation International plc v Channel Four Television ChD 1999
The court considered an application for an interlocutory injunction to restrain a broadcast, based on copyright. The defendant argued that this was merely an attempt to circumvent difficulties in a defamation action.
Held: Where an interim . .

Cited by:

CitedHannon and Another v News Group Newspapers Ltd and Another ChD 16-May-2014
The claimants alleged infringement of their privacy, saying that the defendant newspaper had purchased private information from police officers emplyed by the second defendant, and published them. The defendants now applied for the claims to be . .
CitedHeythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society ChD 20-May-2016
The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights . .
CitedNT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Media, Information, Human Rights

Leading Case

Updated: 27 November 2022; Ref: scu.196975

Corner House Research and Another, Regina (on the Application of) v Director of Serious Fraud Office and Another: Admn 4 Feb 2008

The applicant sought judicial review of the decision by the Director to halt the investigation of alleged payment of bribes by a British defence company to members of the Saudi Royal family, which would be an offence under the 2001 Act.
Held: Any such decision by the director could be made only on his independent decision. It was not permissible to make such a decision on the instigation of the government.

Judges:

Lord Justice Moses and Mr Justice Sullivan

Citations:

[2008] EWHC 246 (Admin), Times 16-Apr-2008

Links:

Bailii

Statutes:

Anti-terrorism, Crime and Security Act 2001

Jurisdiction:

England and Wales

Citing:

See AlsoCorner House Research, Regina (on the Application of) v Director of the Serious Fraud Office Admn 17-Jan-2008
The court considered interlocutory matters in the forthcoming application for judicial review of the respondent’s decision not to proceed with an investigation of allegations of bribery under the 2001 Act. . .

Cited by:

See AlsoCorner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
See AlsoCorner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media

Updated: 26 November 2022; Ref: scu.266031

Nicholls v BBC: 1999

Injunction granted to protect new identity of ‘supergrass’

Citations:

[1999] EMLR 791

Jurisdiction:

England and Wales

Cited by:

CitedX, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd QBD 21-May-2003
An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 26 November 2022; Ref: scu.199555

Gaddafi v Telegraph Group Ltd: CA 28 Oct 1998

The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because of the claimant’s involvement in politics? The newspaper claimed that, when claiming privilege, it was proper to hide the identity of the sources of information upon which the claim was based.
Held: A claim of qualified privilege required a social duty to publish, that those receiving the information had a proper interest in receiving it, and where the nature, status and source of the material, and the circumstances of the publication such as to justify a privilege. An order requiring disclosure of the sources would severely risk press freedom, and was not justified. Appeal and cross appeal s allowed in part.

Judges:

Lord Justice Stuart-Smith Lord Justice Hirst And Lord Justice Tuckey

Citations:

[1998] EWCA Civ 1626, [2000] EMLR 431

Links:

Bailii

Statutes:

Contempt of Court Act 1981 10

Jurisdiction:

England and Wales

Citing:

AppliedReynolds TD v Times Newspapers Ltd; Ruddock and Witherow CA 8-Jul-1998
The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege . .
Lists of cited by and citing cases may be incomplete.

Defamation, Media, Human Rights

Updated: 25 November 2022; Ref: scu.145105

Fashion TV Russia Ltd v F.TV Ltd: ChD 1 Jun 2009

Application for an injunction to restrain the defendant pending trial or further order from imposing upon the claimant new working practices as a precondition to the continuation of the broadcasting of the claimant’s advertisements and programmes pursuant to a licence agreement between the claimant and the defendant

Citations:

[2009] EWHC 1570 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Media, Contract

Updated: 25 November 2022; Ref: scu.368633

Attorney-General v Clough: 1963

The court declined to recognise any right of the media to protect their sources from disclosure of identity where disclosure was in the public interest.
Lord Parker CJ said: ‘it . . would remain open to this court to say in the special circumstances of any particular case that public policy did demand that the journalist should be immune’.

Judges:

Lord Parker CJ

Citations:

[1963] 1 All ER 420, [1963] 1 QB 773

Jurisdiction:

England and Wales

Cited by:

CitedBritish Steel Corporation v Granada Television Ltd HL 7-May-1980
The defendant had broadcast a TV programme using material confidential to the plaintiff, who now sought disclosure of the identity of the presumed thief.
Held: (Lord Salmon dissenting) The courts have never recognised a public interest right . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 25 November 2022; Ref: scu.193354

Boehringer Ingelheim Ltd and others v Vetplus Ltd: CA 20 Jun 2007

The claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings did not apply to trade mark infringement.
Held: The rule against prior restraint applied to actions involving reputation, but did not apply to actions alleging trade mark infringement, which protect a property right.
Jacob LJ said: ‘I think a man who makes a damaging statement involving use of another’s mark which he reasonably believes to be true at the time but which later turns out to be untrue would not be acting in accordance with an honest practice if he were not prepared to compensate the owner of the damaged mark. He can express his honestly held opinion, but unless that is on the basis that he will compensate his trade rival if it is proved to be wrong, he is not acting in accordance with an honest practice and will be adjudged to infringe.
. . Indeed the Comparative Advertising Directive (97/55/EC) rather confirms the position. It is not in dispute that a comparative advertiser will be acting in accordance with ‘honest practices’ provided he does so in accordance with the conditions of Art 3a of the Misleading Advertising Directive (84/450/EC). One of those conditions is that the advertising must not be misleading. If an advertisement is in fact misleading, however honestly the advertiser believed what he said at the time, he would be outside the Directive.’
However: ‘A man who finds his trade mark disparaged by a rival trader in a comparative advertisement can obtain a prior restraining order only if he can show that it is more likely than not that the disparagement is wrong and misleading. Unless he can do that, then his rival, both for his own commercial interests and in the interests of the public, ought to be free to say that which he honestly believes.’ The claimant had not achieved the necessary standard and his appeal failed.

Judges:

Jacob LJ

Citations:

[2007] EWCA Civ 583, Times 27-Jun-2007, [2007] FSR 29

Links:

Bailii

Statutes:

Comparative Advertising Directive (97/55/EC), Misleading Advertising Directive (84/450/EC, Control of Misleading Advertisement Regulations 1988

Jurisdiction:

England and Wales

Citing:

CitedBonnard v Perryman CA 2-Jan-1891
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
CitedBestobell v Bigg 1975
The rule in Bonnard preventing prior restraint in defamation proceedings applies also in the context of an allegation of malicious falsehood. . .
CitedAmerican Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
CitedReed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd CA 3-Mar-2004
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert.
Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair . .
CitedO2 Holdings Ltd and Another v Hutchison 3G Ltd CA 5-Dec-2006
The court faced an allegation based on allegedly false comparative advertising, and referred to the European Court the question: ‘Where a trader, in an advertisement for his own goods or services uses a registered trade mark owned by a competitor . .
CitedService Corporation International plc v Channel Four Television ChD 1999
The court considered an application for an interlocutory injunction to restrain a broadcast, based on copyright. The defendant argued that this was merely an attempt to circumvent difficulties in a defamation action.
Held: Where an interim . .
CitedMicrodata v Rivendale 1991
The need to protect freedom of speech overrode the need to protect a person’s trade reputation. . .
CitedGreene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
CitedHarrods Ltd v Harrodian School CA 3-Apr-1996
No passing off was to be found to have been shown without the public believing that the plaintiff was responsible for the defendant’s services or goods. It was not enough to show only that the defendant was somehow ‘behind’ the defendant. Millet LJ . .
CitedCream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
CitedConsorzio del Prosciutto di Parma v Marks and Spencer plc 1990
Italian regulations are not directly enforceable within the United Kingdom. . .

Cited by:

See AlsoBoehringer Ingelheim and others v Vetplus Ltd CA 5-Jul-2007
. .
CitedTiscali UK Ltd v British Telecommunications Plc QBD 16-Dec-2008
The claimant internet provider claimed damages against the defendant who it said had written to its clients making false assertions about the claimant. An earlier defamation claim had been struck out, but the claimant now alleged interference with . .
Lists of cited by and citing cases may be incomplete.

Media, European, Intellectual Property, Torts – Other

Updated: 24 November 2022; Ref: scu.253536

Aubry v Editions Vice-Versa Inc: 9 Apr 1998

(Supreme Court of Canada) Publication in a magazine of an unauthorised photograph of a 17 year old girl sitting on the steps of a public building had violated her right to respect for private life conferred under Article 5 of the ‘Quebec Charter’ of Human Rights and Freedoms.

Citations:

[1998] 1 SCR 591, (1998), 157 DLR (4th) 577, 78 CPR (3d) 289, (1998) 50 CRR (2d) 225

Links:

Canlii

Jurisdiction:

Canada

Cited by:

CitedCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedDouglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Lists of cited by and citing cases may be incomplete.

Media

Updated: 24 November 2022; Ref: scu.225463

JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015

The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in public disorder in Londonderry was part of a police campaign known as ‘Operation Exposure’ which was designed to counteract sectarian rioting at what are called ‘interface areas’ in parts of Derry. Interface areas are situated at the boundaries of parts of the city which are predominantly inhabited by one or other of the two main communities.
The appellant argues that publication of photographs of him constituted a violation of his article 8 rights. ‘
Held: The appeal failed. The publication of his photograph was not an infringement of the applicant’s human rights.
There was, per Lords Kerr and Wilson, in interference in his rights, but that interference was proportionate and justified.
Lords Toulson, Clarke, and Hodge did not think that there had been an interference with the appellant’s human rights, because in the circumstances there had been no expectation of privacy.
Lord Toulson JSC said: ‘ In Campbell’s case Lord Nicholls of Birkenhead said at para 21 that ‘Essentially the touchstone of private life is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy’. He also warned that courts need to be on guard against using as a touchstone a test which brings into account considerations which should more properly be considered at the later stage of proportionality. Applying Campbell’s case, Sir Anthony Clarke MR said in Murray’s case at para 35 that ‘The first question is whether there is a reasonable expectation of privacy’. He said at para 36 that the question is a broad one which takes account of all the circumstances of the case, including the attributes of the claimant, the nature of the activity in which the claimant was involved, the place at which it was happening, and the nature and purpose of the intrusion. The principled reason for the ‘touchstone’ is that it focuses on the sensibilities of a reasonable person in the position of the person who is the subject of the conduct complained about in considering whether the conduct falls within the sphere of article 8 . If there could be no reasonable expectation of privacy, or legitimate expectation of protection, it is hard to see how there could nevertheless be a lack of respect for their article 8 rights.”

Judges:

Lord Kerr, Lord Clarke, Lord Wilson, Lord Toulson, Lord Hodge

Citations:

[2015] HRLR 13, [2015] UKSC 42, [2015] WLR(D) 280, [2016] AC 1131, [2015] 3 WLR 155, [2015] EMLR 25, [2015] 4 All ER 90, UKSC 2013/0181

Links:

Bailii, WLRD, SC, SC Summary, Bailii Summary

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Northern Ireland

Citing:

Appeal fromJR 38, Re Judicial Review QBNI 21-Mar-2013
Application for judicial review of a decision by the PSNI to release to local newspapers for publication images of persons suspected of being involved in sectarian rioting and violent offending at an interface area at Fountain Street/Bishop Street . .
CitedX v Iceland ECHR 18-May-1976
The right to respect for private life was held to ‘comprise also, to a certain degree, the right to establish and develop relationships with other human beings’. . .
CitedNiemietz v Germany ECHR 16-Dec-1992
A lawyer complained that a search of his offices was an interference with his private life.
Held: In construing the term ‘private life’, ‘it would be too restrictive to limit the notion of an ‘inner circle’ in which the individual may live his . .
CitedRotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
CitedPG and JH v The United Kingdom ECHR 25-Sep-2001
The use of covert listening devices within a police station was an infringement of the right to privacy, since there was no system of law regulating such practices. That need not affect the right to a fair trial. The prosecution had a duty to . .
CitedCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedSidabras And Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers complained that they were banned, not only from public sector employment, but also from many private sector posts. This ‘affected [their] ability to develop relationships with the outside world to a very significant degree, and . .
CitedSciacca v Italy ECHR 11-Jan-2005
The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal . .
CitedCemalettin Canli v Turkey ECHR 18-Nov-2008
The Court found interference in the applicant’s right to respect of his private life in that the police prepared and submitted to a domestic court an inaccurate report in the context of criminal proceedings against him. . .
CitedReklos and Davourlis v Greece ECHR 15-Jan-2009
(Press release) The court considered the rights when photographs were taken in public: ‘the court finds that it is not insignificant that the photographer was able to keep the negatives of the offending photographs, in spite of the express request . .
CitedWood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .

Cited by:

CitedWeller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
CitedNT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
CitedRichard v The British Broadcasting Corporation (BBC) and Another ChD 18-Jul-2018
Police suspect has outweighable Art 8 rights
Police (the second defendant) had searched the claimant’s home in his absence in the course of investigating allegations of historic sexual assault. The raid was filmed and broadcast widely by the first defendant. No charges were brought against the . .
CitedZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Lists of cited by and citing cases may be incomplete.

Media, Police, Human Rights, Family

Updated: 23 November 2022; Ref: scu.549907

Miranda v Secretary of State for The Home Department and Others: Admn 19 Feb 2014

The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of security data received from the US reating to British security services. He now sought judicial review saying that the powers had been used for an improper purpose.

Judges:

Laws LJ, Ouseley, Openshaw JJ

Citations:

[2014] EWHC 255 (Admin), [2014] WLR(D) 93, [2014] 1 WLR 3140, [2014] HRLR 9, [2014] 3 All ER 447

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2000 2(1)

Jurisdiction:

England and Wales

Citing:

CitedRegina v Southwark Crown Court, Ex Parte Bowles (On Appeal From A Divisional Court of the Queen’s Bench Division) HL 7-Apr-1998
An application had been made for a production order under section 93H of the 1988 Act which was concerned with the recovery of the proceeds of criminal conduct. The issue was whether an order obtained for the purpose of assisting in the recovery of . .
CitedCC v The Commissioner of Police of The Metropolis and Another Admn 20-Dec-2011
The claimant challenged the use against him of anti-terrorist powers to question and detain passengers at airports etc.
Held: Whether the poers had been used for a proper purpose: ‘will depend on what the officers knew and why they decided to . .

Cited by:

CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedMiranda, Regina (on The Application of) v Secretary of State for The Home Department and Others CA 19-Jan-2016
The claimant had been stopped at Heathrow by the defendant’s officers, and an encrypted data device had been taken from him using powers derived from the 2000 Act. The device was thought to contain material taken from the US NSA security service. He . .
CitedPrivacy International, Regina (on The Application of) v Investigatory Powers Tribunal and Others SC 15-May-2019
The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the . .
Lists of cited by and citing cases may be incomplete.

Police, Media, Human Rights

Updated: 23 November 2022; Ref: scu.521581

Abbey v Gilligan and Others: QBD 20 Nov 2012

Claim for damages for breach of confidence, or misuse of private information, in relation to the obtaining and publication by the Defendants of a number of E-mails.
Held: The claim was dismissed: ‘Mr Abbey could not have any claim for breach of confidence in respect of information relating to his principal, or none that could give rise to any remedy of value to him. There is no case that the Defendants misused any information in respect of which he had reasonable expectation of privacy. If it be necessary to decide the point, I would decide that the publication complained of was in the public interest. And I find that the claim is an abuse of the process of the court.’
However, in an appropriate case the court could hold that the manner in which a person expressed themselves could give rise to a reasonable expectation of privacy.

Judges:

Mr Justice Tugendhat

Citations:

[2012] EWHC 3217 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Lists of cited by and citing cases may be incomplete.

Information, Media

Updated: 23 November 2022; Ref: scu.465897

Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008

The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of privacy in a public place.
Held: The claimant had an arguable case, and it should proceed to trial. The action was intended to protect the child, and ‘The child has his own right to respect for his privacy distinct from that of his parents.’ and ‘it is at least arguable that D had a reasonable expectation of privacy. The fact that he is a child is in our view of greater significance than the judge thought. The courts have recognised the importance of the rights of children in many different contexts and so too has the international community’
‘If the photographs had been taken . . to show the scene in a street by a passer-by and later published as street scenes, that would be one thing, but they were not taken as street scenes but were taken deliberately, in secret and with a view to their subsequent publication. They were taken for the purpose of publication for profit, no doubt in the knowledge that the parents would have objected to them.’
Sir Anthony Clarke MR said: ‘so far as the relevant principles to be derived from Campbell are concerned, they can we think be summarised in this way. The first question is whether there is a reasonable expectation of privacy. This is of course an objective question. The nature of the question was discussed in Campbell. Lord Hope emphasised that the reasonable expectation was that of the person who is affected by the publicity. He said: ‘The question is what a reasonable person of ordinary sensibilities would feel if she was placed in the same position as the claimant and faced with the same publicity.’ We do not detect any difference between Lord Hope’s opinion in this regard and the opinions expressed by the other members of the appellate committee.
As we see it, the question of whether there is a reasonable expectation of privacy is a broad one, which takes account of all the circumstances of the case. They include the attributes of the claimant, the nature of the activity in which the claimant was engaged, the place at which it was happening, the nature and purpose of the intrusion, the absence of consent and whether it was known or could be inferred, the effect on the claimant and the circumstances in which and the purposes for which the information came into the hands of the publisher.’

Judges:

Sir Anthony Clarke MR, Laws, Thomas LJJ

Citations:

[2008] EWCA Civ 446, [2008] 3 WLR 1360, [2008] HRLR 33, [2008] UKHRR 736, [2008] 2 FLR 599, [2008] 3 FCR 661, [2008] ECDR 12, [2008] EMLR 1, [2008] Fam Law 732, [2009] Ch 481

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

CitedR (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
CitedAsh and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
CitedKay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
CitedMGN Ltd v Attard 19-Oct-2001
Complaint was made about the publication of photographs of the survivor of conjoined twins who was only one year old. The photographs were taken in a street in Malta but followed the earlier publication of photographs and press articles based on . .
CitedPeck v The United Kingdom ECHR 28-Jan-2003
peck_ukECHR2003
The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness . .
CitedHosking and Hosking v Simon Runting and Another 25-Mar-2004
(Court of Appeal of New Zealand) A photographer was commissioned to take photographs of the children of a well known television personality. He took pictures of Mr Hosking’s eighteen month old twins being pushed down a street by their mother. Mr and . .
CitedCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedVon Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .
CitedSciacca v Italy ECHR 11-Jan-2005
The court was asked whether the applicant’s rights under Article 8 had been infringed by the release to the press of an identity photograph taken of her by the Italian Revenue Police while she was under arrest and investigation for various criminal . .
Appeal fromMurray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: The . .

Cited by:

CitedWood v Commissioner of Police for the Metropolis Admn 22-May-2008
The claimant challenged the right of police officers to take his photograph as he attended an annual general meeting of Reed Elsevier Plc. He was a campaigner against the arms trade, but had always acted lawfully. The company noted the purchase of . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
CitedWood v Commissioner of Police for the Metropolis CA 21-May-2009
The appellant had been ostentatiously photographed by the police as he left a company general meeting. He was a peaceful and lawful objector to the Arms Trade. He appealed against refusal of an order for the records to be destroyed. The police had . .
CitedAttorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
CitedRST v UVW QBD 11-Sep-2009
The applicant sought an interim and without notice injunction preventing the defendant from disclosing confidential information covered by an agreement between the parties.
Held: The order was made on a without notice application because there . .
CitedETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
CitedCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
CitedTSE and ELP v News Group Newspapers Ltd QBD 23-May-2011
The claimants had obtained an injunction preventing publication of details of their private lives and against being publicly named. The newspaper had not attempted to raise any public interest defence. Various publications had taken place to breach . .
CitedGoodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
CitedFerdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
CitedMcClaren v News Group Newspapers Ltd QBD 5-Sep-2012
The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act.
Held: The claim succeeded: ‘there have been . .
CitedAAA v Associated Newspapers Ltd CA 20-May-2013
An order had been sought for the claimant child for damages after publication by the defendant of details of her identity and that of her politician father. She now appealed against refusal of her claim for damages for publication of private . .
CitedWeller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
CitedOPO v MLA and Another QBD 18-Jul-2014
A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school.
Held: . .
CitedMezvinsky and Another v Associated Newspapers Ltd ChD 25-May-2018
Choice of Division and Business Lists
Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. . .
CitedRichard v The British Broadcasting Corporation (BBC) and Another ChD 18-Jul-2018
Police suspect has outweighable Art 8 rights
Police (the second defendant) had searched the claimant’s home in his absence in the course of investigating allegations of historic sexual assault. The raid was filmed and broadcast widely by the first defendant. No charges were brought against the . .
CitedZC v Royal Free London NHS Foundation Trust QBD 26-Jul-2019
Defamation/privacy claims against doctors failed
The claimant, seeking damages for alleged defamation, now asked for the case to be anonymised.
Held: The conditions for anonymisation were not met. The anonymity would be retained temporarily until any time for appeal had passed.
As to . .
CitedZXC v Bloomberg Lp CA 15-May-2020
Privacy Expecation during police investigations
Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 23 November 2022; Ref: scu.267551

Re S (A Child): CA 10 Jul 2003

The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial.
Held: (Hale LJ dissenting) The court in this case was not making a decision which involved the child’s upbringing, and nor was the child directly involved in the case at issue. The court was being invited to exercise its protective jurisdiction. It is not a case in which the child’s interests were by law paramount, as against the interests of freedom of the press.

Judges:

Lord Phillips Of Worth Matravers, Lady Justice Hale And Lord Justice Latham

Citations:

[2003] EWCA Civ 963, [2004] Fam 43, [2003] 3 WLR 1425

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 6 8 10

Jurisdiction:

England and Wales

Citing:

CitedBritish Broadcasting Corporation v Kelly FD 9-Aug-2000
The interview for television of a child ward of court who had gone to live with members of a religious sect was not necessarily a contempt of court. There are three groups of ways in which a ward’s interests can be protected. First where the . .
CitedIn re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
CitedS v McC; W v W HL 1972
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter . .
CitedIn re X (A Minor) (Wardship: Jurisdiction) FD 1975
A stepfather made the child a ward of court in order to try to stop publication of a book containing passages about the sex life of her deceased father. The jurisdiction to order that a child’s name should not be made known, is not exercisable at . .
CitedIn re X (A Minor) (Wardship: Jurisdiction) CA 2-Jan-1975
A child’s stepfather obtained an order preventing publication of a book about the child.
Held: The circumstances were novel, but ‘The court has power to protect the ward from any interference with his or her welfare, direct or indirect.’ There . .
CitedIn re M and N (Minors) (Wardship: Publication of Information) CA 1990
The court considered whether to order that a child’s name be not published where the decision to publish would not affect the way in which the child is cared for, the child’s welfare is relevant but not paramount and must be balanced against freedom . .
CitedIn re F (otherwise A) (A Minor) (Publication of Information) FD 1976
. .
CitedIn re F (otherwise A ) (A Minor) (Publication of Information) CA 1977
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship . .
CitedX County Council v A and another 1984
The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. . .
CitedRe W (Wards) (Publication of Information) FD 1989
An injunction was given to prohibit wards of court being named during the Cleveland child abuse inquiry. A summary of what has been said in court and written before hand in statements and reports are as much prohibited from publication as are direct . .
CitedRe C (Wardship: Medical Treatment) (No 2) CA 1989
The court had already made an order about the way in which the health professionals were able to look after a severely disabled baby girl; an injunction was granted prohibiting identification of the child, her parents, her current carers and the . .
CitedIn re W (A Minor) (Wardship: Restrictions on Publication) CA 1992
The court considered the risks of a child being identified despite restrictions on disclosure: ‘It is to be anticipated that in almost every case the public interest in favour of publication can be satisfied without any identification of the ward to . .
CitedV v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
CitedScott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
CitedAttorney-General v Leveller Magazine Ltd HL 1-Feb-1979
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to . .
CitedDiennet v France ECHR 26-Sep-1995
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (publicly); No violation of Art. 6-1 (impartiality); Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – . .
CitedA and Byrne and Twenty Twenty Television v United Kingdom ECHR 1997
The applicants claimed the protection of articles 8 and 10. The court noted ‘the relative similarity of the tests to be applied in the context of the necessity of the interference under Articles 8 and 10’. . .
CitedDouglas, Zeta Jones, Northern and Shell Plc v Hello! Limited (No 1) CA 21-Dec-2000
The first two claimants sold exclusive rights to photograph their wedding to the third claimant. A paparrazzi infiltrated the wedding and then sold his unauthorised photographs to the defendants, who now appealed injunctions restraining them from . .
CitedBensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
CitedCampbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
CitedR (Mrs) v Central Independent Television Plc CA 17-Feb-1994
The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the . .
CitedIn Re R (A Minor) (Wardship: Restraint of Publication) CA 25-Apr-1994
In a criminal case involving a ward of court, the judge in the criminal case may restrict the reporting without leaving it for the wardship Judge. The jurisdiction of the High Court in cases involving the care and upbringing of children over whose . .
CitedA v B plc and Another (Flitcroft v MGN Ltd) CA 11-Mar-2002
A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife.
Held: There remains a distinction between the right of privacy which attaches to sexual activities within and . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Human Rights

Updated: 20 November 2022; Ref: scu.184457

SKA and Another v CRH and Others: QBD 31 Jul 2012

The claimant sought to restrain the publication of private information by the defendant against the alleged threat by the defendant to publish unless a substantial sum of money was paid.

Judges:

Nicola Davies J

Citations:

[2012] EWHC 2236 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedMcClaren v News Group Newspapers Ltd QBD 5-Sep-2012
The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act.
Held: The claim succeeded: ‘there have been . .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property

Updated: 20 November 2022; Ref: scu.463365

Carr v News Group Newspapers Ltd and Others: QBD 24 Feb 2005

The claimant with a notorious criminal past sought an injuntion to protect her new identity.
Held: The order was made.

Judges:

Eady J

Citations:

[2005] EWHC 971 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedIn re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 20 November 2022; Ref: scu.441248

RST v UVW: QBD 11 Sep 2009

The applicant sought an interim and without notice injunction preventing the defendant from disclosing confidential information covered by an agreement between the parties.
Held: The order was made on a without notice application because there was a real risk that if given notice the respondent would take steps to defeat its purpose. The applicant had had sexual encounters with the respondent several years before, in return for money. She more recently came back asking for money not to disclose the events. He paid under a formal written agreement for confidentiality. Later her agent approached others with a view to selling her story. When challenged, the agent threatened to publish anyway.

Judges:

Tugendhat J

Citations:

[2009] EWHC 2448 (QB), [2010] EMLR 13, [2010] Fam Law 141, [2010] 1 FLR 950

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

CitedBonnard v Perryman CA 2-Jan-1891
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
CitedGulf Oil (Great Britain) Limited v Page CA 1987
The plaintiff had contracted exclusively to supply to the defendants owners of petrol stations. On arrears arising, the plaintiff discontinued deliveries save on cash on delivery and direct debit terms. The defendants obtained supplies from another . .
CitedJoyce v Sengupta and Another CA 31-Jul-1992
The defendant published an article accusing the plaintiff of theft. Not having funds to launch a claim in libel, the plaintiff obtained legal aid to claim in malicious falsehood. She now appealed against a strike out of that claim.
Held: A . .
CitedService Corporation International plc v Channel Four Television ChD 1999
The court considered an application for an interlocutory injunction to restrain a broadcast, based on copyright. The defendant argued that this was merely an attempt to circumvent difficulties in a defamation action.
Held: Where an interim . .
CitedTheakston v MGN Ltd QBD 14-Feb-2002
The claimant, a celebrity sought to restrain publication by the defendant of information about his sex life, consisting of pictures of him in a brothel. The court considered the test for the grant of an injunction to restrain publication under the . .
CitedA v B plc and Another (Flitcroft v MGN Ltd) CA 11-Mar-2002
A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife.
Held: There remains a distinction between the right of privacy which attaches to sexual activities within and . .
CitedCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedVon Hannover v Germany ECHR 24-Jun-2004
Princess Caroline of Monaco who had, at some time, received considerable attention in the media throughout Europe, complained at the publication of photographs taken of her withour her permission.
Held: There was no doubt that the publication . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedGreene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
CitedAsh and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
CitedAssociated Newspapers Ltd v Prince of Wales CA 21-Dec-2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient . .
CitedMurray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
CitedKarako v Hungary ECHR 28-Apr-2009
In an election campaign an opponent of the claimant politician had said in a flyer that he was in the habit of putting the interests of his electors second. The applicant accused his opponent of criminal libel, but the prosecutor’s office terminated . .
Lists of cited by and citing cases may be incomplete.

Media, Contract, Intellectual Property

Updated: 19 November 2022; Ref: scu.377858

News Group Newspapers Ltd and Others v Commissioner of Police of The Metropolis: IPT 17 Dec 2015

This claim is brought against the Commissioner of Police of the Metropolis by News Group Newspapers and three journalists employed by The Sun newspaper, Mr Tom Newton Dunn, the political editor, Mr Anthony France and Mr Craig Woodhouse in respect of four authorisations issued under s 22 of the Regulation of Investigatory Powers Act 2000 (‘RIPA’). The purpose of the authorisations was to enable the police to obtain communications data which might reveal the sources of information obtained by the journalists.
Held: the use of the s 22 power in this investigation was indeed both necessary and proportionate in respect of three out of the four authorisations challenged, but are compelled to hold that the legal regime in place at the relevant time did not adequately safeguard the important public interest in the right of a journalist to protect the identity of his source.

Judges:

Burton J P

Citations:

[2015] UKIPTrib 14 – 176-H

Links:

Bailii

Statutes:

Regulation of Investigatory Powers Act 2000 22

Jurisdiction:

England and Wales

Police, Human Rights, Media

Updated: 19 November 2022; Ref: scu.556982

Jcdecaux UK Ltd, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Jan 2009

Application for judicial review of the decision of the defendant Borough Council to serve a notice pursuant to section 11 of the London Local Authorities Act 1995 requiring the claimant to remove an advertisement hoarding

Judges:

Blake J

Citations:

[2009] EWHC 129 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning (Control of Advertisement) (England) Regulations 2007

Jurisdiction:

England and Wales

Media, Planning

Updated: 19 November 2022; Ref: scu.280422

Clear Channel UK Ltd, Regina (on the Application of) v London Borough of Southwark: CA 13 Dec 2007

The company appealed an order refusing review of a decision requiring it to take down advertising hoardings.

Citations:

[2007] EWCA Civ 1328

Links:

Bailii

Statutes:

London Local Authorities Act 1995 11, Town and Country Planning (Control of Advertisement) Regulations 1992 (SI 1992/666) SCh 3

Jurisdiction:

England and Wales

Citing:

Appeal fromClear Channel UK Ltd., Regina (on the Application Of) v London Borough of Southwark Admn 8-Dec-2006
. .
Lists of cited by and citing cases may be incomplete.

Media, Planning

Updated: 19 November 2022; Ref: scu.262107

Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998

The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege available.
Held: Qualified privilege defence applied in defamation proceedings reporting acts of public officials where there appeared a duty to publish, a proper public interest in hearing the allegations and proper reporting procedures (even though the allegations might be false). The court set clearer guidelines for the characteristics of the defence of qualified privilege in defamation actions. The statements must be made honestly, under a legal social or moral duty, satisfying a proper public interest, and the material must warrant protection.

Judges:

Lord Bingham of Cornhill LCJ, Hirst LJ, Robert Walker LJ

Citations:

Times 09-Jul-1998, Gazette 26-Aug-1998, Gazette 07-Oct-1998, [1998] 3 All ER 961, [1998] EWCA Civ 1172, [1998] 3 WLR 862

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

CitedPullman v Hill and Co CA 1891
The plaintiff claimed publication of a defamation when the defendant was said to have dictated it to his typist.
Held: That was sufficient publication. The Court considered what would amount to publication in the law of defamation.
Lord . .

Cited by:

AppliedGaddafi v Telegraph Group Ltd CA 28-Oct-1998
The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant . .
Appeal fromReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
CitedBaldwin v Rusbridger and Another QBD 23-Jul-2001
The newspaper had lost a defamation action, and a leader criticised the law, and defended its journalist in terms which the complainant considered, in effect reaffirmed the original libel.
Held: There is no duty on a newspaper to reply to . .
CitedWeller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
Lists of cited by and citing cases may be incomplete.

Defamation, Media

Updated: 18 November 2022; Ref: scu.144650

London Borough of Tower Hamlets v Mother and Others: FD 7 Apr 2020

Application by the London Borough of Tower Hamlets (the Council) for a final injunction preventing the Respondents from disseminating information about prospective adopters, and to prevent the First and Second Respondents (the Mother and the Father) from approaching those adopters.

Judges:

Mrs Justice Lieven

Citations:

[2020] EWHC 832 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Adoption, Media

Updated: 17 November 2022; Ref: scu.650024

Saveltajain Tekijanoikeustoimisto Teosto Ry v European Commission: ECJ 12 Apr 2013

ECFI Competition – Agreements, decisions and concerted practices – Copyright relating to public performance of musical works via the internet, satellite and cable retransmission – Decision finding an infringement of Article 81 EC – Sharing of the geographic market – Bilateral agreements between national collecting societies – Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences – Proof – Presumption of innocence

Judges:

H. Kanninen (Rapporteur), P

Citations:

T-401/08, [2013] EUECJ T-401/08

Links:

Bailii

Jurisdiction:

European

European, Commercial, Media, Intellectual Property

Updated: 17 November 2022; Ref: scu.472586

Bucur And Toma v Romania: ECHR 8 Jan 2013

ECHR Article 10-1
Freedom to impart information
Criminal conviction for making public irregular telephone tapping procedures: violation
Facts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones of a large number of journalists, politicians and businessmen were tapped, especially after some high-profile news stories received wide media coverage. The applicant affirmed that he reported the irregularities to his colleagues and the head of department, who allegedly reprimanded him. When the people he spoke to showed no further interest in the matter, the applicant contacted an MP who was a member of the RIS parliamentary supervisory commission. The MP told him that the best way to let people know about the irregularities he had discovered was to hold a press conference. In his opinion telling the parliamentary commission about the irregularities would serve no purpose in view of the ties between the chairman of the commission and the director of the RIS. On 13 May 1996 the applicant held a press conference which made headline news nationally and internationally. He justified his conduct by the desire to see the laws of his country – and in particular the Constitution – respected. In July 1996 criminal proceedings were brought against him. Amongst other things, he was accused of gathering and imparting secret information in the course of his duty. In 1998 he was given a two-year suspended prison sentence.
One of the tapes the applicant had made public contained a recording of a telephone conversation between the third applicant, the minor daughter of the second applicant, and her mother on the telephone at the home of the second and third applicants.
Law – Article 10: The applicant’s criminal conviction had interfered with his right to freedom of expression, with the legitimate aim of preventing and punishing offences that threatened national security. Concerns about the foreseeability of the legal basis for the conviction did not need to be examined in so far as the measure was, in any event, not necessary in a democratic society.
(a) Whether or not the applicant had other means of imparting the information – No official procedure existed. All the applicant could do was inform his superiors of his concerns. But the irregularities he had discovered concerned them directly. It was therefore unlikely that any internal complaints the applicant made would have led to an investigation and put a stop to the unlawful practices concerned. As regards a complaint to the parliamentary commission responsible for supervising the RIS, the applicant had contacted an MP who was a member of the commission, who had advised him that such a complaint would serve no useful purpose. The Court was not convinced, therefore, that a formal complaint to this commission would have been an effective means of tackling the irregularities. It was worth noting that Romania had passed special laws to protect whistleblowers in the public service. However, these new laws, which were all the more praiseworthy as very few other States had introduced them, had been passed well after the activities denounced by the applicant, and therefore did not apply to him. Consequently, divulging the information directly to the public had been justifiable.
(b) The public interest value of the information divulged – The interception of telephone communications took on a particular importance in a society which had been accustomed under the communist regime to a policy of close surveillance by the secret services. Furthermore, civil society was directly affected by the information concerned, as anyone’s telephone calls might be intercepted. The information the applicant had disclosed related to abuses committed by high-ranking officials and affected the democratic foundations of the State. It concerned very important issues for the political debate in a democratic society, in which public opinion had a legitimate interest. The domestic courts did not take this argument of the applicant into account, however.
(c) The accuracy of the information made public – The applicant had spotted a number of irregularities. All the evidence seemed to support his conviction that there were no signs of any threat to national security that could justify the interception of the telephone calls, and indeed that no authorisation for the phone tapping had been given by the public prosecutor. In addition, the courts had refused to examine the merits of the authorisations produced by the RIS for the interception of the phone calls. The domestic courts had thus not attempted to examine every aspect of the case, but had simply acknowledged the existence of the requisite authorisations. Yet the applicant’s defence comprised two arguments: firstly that the requisite authorisations had not been obtained, and secondly that there was no evidence of any threat to national security that could possibly have justified the alleged interception of the telephone conversations of numerous politicians, journalists and members of the public. What is more, the Government had failed to explain why the information divulged by the applicant was classified ‘top secret’; instead, they had refused to produce the full criminal case file, which included the requests from the RIS and the authorisations of the public prosecutor. In such conditions the Court could only trust the copies of these documents submitted by the applicants concerning the interception of the telephone conversations of the second applicant, Mr Toma. However, these documents showed that the RIS had given no reasons for requesting the authorisation and the public prosecutor had given no reasons for granting it. The first applicant had accordingly had reasonable grounds to believe that the information he divulged was true.
(d) The damage done to the RIS – The general interest in the disclosure of information revealing illegal activities within the RIS was so important in a democratic society that it prevailed over the interest in maintaining public confidence in that institution.
(e) The good faith of the first applicant – There was no reason to believe that the applicant was driven by any motive other than the desire to make a public institution abide by the laws of Romania and in particular the Constitution. This was supported by the fact that he had not chosen to go to the press directly, in order to reach the broadest possible audience, but had first turned to a member of the parliamentary commission responsible for supervising the RIS.
Consequently, the interference with the first applicant’s freedom of expression, and in particular with his right to impart information, had not been necessary in a democratic society.
Conclusion: violation in respect of the first applicant (unanimously).
The Court also found a violation of Article 6 in respect of the first applicant and a violation of Article 8 and of Article 13 combined with Article 8 in respect of the second and third applicants.
Article 41: The applicants were each awarded a sum ranging from EUR 7,800 to EUR 20,000 in respect of non-pecuniary damage; the first applicant’s claim in respect of pecuniary damage was rejected.

Citations:

40238/02 – Legal Summary, [2013] ECHR 291

Links:

Bailii

Statutes:

European Convention on Human Rights 10-1

Human Rights, Media, Crime

Updated: 14 November 2022; Ref: scu.472435

Alchemist (Devil’s Gate) Film Partnership v Revenue and Customs: FTTTx 5 Oct 2012

FTTTx FILMS – Relief for expenditure on production – Deferments – Unconditional obligation to pay – Contracts between production company and individual members of production team – Claim for relief by Partnership – Deferred amounts payable to cast and crew as and when exploitation income was received from sales agent – No exploitation income received by Partnership in year of claim – Whether agreement between production company and Partnership transferred obligation to pay deferments to Partnership – Whether an unconditional obligation to pay deferments in year of claim – Appeal dismissed – F(No.2)A 1992 s.42 and F(No.2)A 1997 s.48 – CAA 2001 s.5(1) and(5)

Judges:

Sir Stephen Oliver QC

Citations:

[2013] UKFTT 157 (TC)

Links:

Bailii

Statutes:

Finance (Number 2) Act 1992 42, Capital Allowances Act 2001 5

Income Tax, Media

Updated: 14 November 2022; Ref: scu.472257

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a half years old. A was an elected councillor and likely to be well known in the local community. The magistrates refused to make an order anonymising the case being not convinced that any damage would flow for the child.
Held: Section 39 of the CYP Act engages important, and competing, principles, namely, on the one hand, the private and family life of a child, and the best interests of that child, and, on the other hand, the freedom of the media to publish, and of the public to receive, information or comment, and the requirements of open justice.

Judges:

Picthford lJ, Kenneth Parker J

Citations:

[2013] EWHC 659 (Admin), [2013] WLR(D) 177, [2014] 1 WLR 1489, [2013] EMLR 20, [2013] Crim LR 763, (2013) 177 JP 377, 177 JP 377

Links:

Bailii, WLRD

Statutes:

Children and Young Persons Act 1933 39, European Convention on Human Rights 8 10

Citing:

CitedA Child v Cambridge University Hospitals NHS Foundation Trust QBD 4-Mar-2011
The court gave its reasons for making an order preventing identification of a child claimant in professional negligence proceedings.
Held: By virtue of the Human Rights Act 1998, the court, as a public authority, must take account of these . .
Citedex parte Godwin CA 1992
An order had been made to include provision that ‘the names and addresses of the defendants shall . . not be revealed or published’. The court was now asked whether a criminal court had power under section 39 of the CYP Act to prohibit in terms the . .
CitedRegina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedJIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
CitedETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media, Human Rights

Updated: 14 November 2022; Ref: scu.472037

ITV Services Ltd v HM Revenue and Customs: CA 13 Dec 2012

The issue in dispute is as to the liability of ITV to pay secondary class 1 national insurance contributions, assessable in reference to earnings of entertainers, in particular actors, engaged by ITV.

Judges:

Rimer, Munby LJJ, Sir Stanley Burnton

Citations:

[2013] EWCA Civ 1926

Links:

Bailii

Statutes:

Social Security (Categorisation of Earners) Regulations 1978

Jurisdiction:

England and Wales

Taxes – Other, Media

Updated: 14 November 2022; Ref: scu.471676

ITV Studios Ltd v TVCatchup Ltd: ECJ 7 Mar 2013

ECJ Directive 2001/29/EC – Article 3(1) – Broadcasting by a third party over the internet of signals of commercial television broadcasters – ‘Live streaming’ – Communication to the public

Judges:

L. Bay Larsen, P

Citations:

C-607/11, [2013] EUECJ C-607/11

Links:

Bailii

Statutes:

Directive 2001/29/EC 3(1)

Citing:

At Patents CourtITV Broadcasting Ltd and Others v TV Catchup Ltd PatC 18-Jul-2011
. .
ReferenceITV Broadcasting Ltd and Others v TVCatchup Ltd and Another PatC 14-Nov-2011
. .
Lists of cited by and citing cases may be incomplete.

European, Media

Updated: 14 November 2022; Ref: scu.471538

Attorney-General v Blake: CA 16 Dec 1997

A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right on behalf of the Crown, but a claim for relief in his capacity as guardian of the public interest.
Held: In this latter capacity the Attorney General may, exceptionally, invoke the assistance of the civil law in aid of the criminal law. The jurisdiction of the civil courts was not limited to an injunction restraining the commission or repeated commission of an offence. If a criminal offence has already been committed, the jurisdiction extends to enforcing public policy with respect to the consequences of the commission of that crime, e.g. restraining receipt by the criminal of a further benefit as a result of or in connection with that crime. This was an exceptional case in which the Attorney General could intervene by civil proceedings, in aid of the criminal law, to uphold the public policy of ensuring that a criminal does not retain profit directly derived from the commission of his crime. The court made an order that the defendant be restrained from receiving any payment resulting from the exploitation of the book in any form or any information therein relating to security and intelligence which is or has been in his possession by virtue of his position as a member of the Secret Intelligence Service.

Judges:

Lord Woolf M.R., Millett and Mummery L.JJ

Citations:

Times 22-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3008, [1998] Ch 439, [1998] EMLR 309, [1998] 1 All ER 833

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromAttorney General v Blake ChD 23-Apr-1996
The Crown claimed that in writing a book and authorising its publication, Blake, a former security services employee, was in breach of fiduciary duties he owed to the Crown.
Held: Blake was not to be prevented from earning money from the . .

Cited by:

CitedArklow Investments Ltd and Another v Maclean and Others PC 1-Dec-1999
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Employment

Updated: 13 November 2022; Ref: scu.180885

Sky Osterreich Gmbh v Osterreichischer Rundfunk: ECJ 22 Jan 2013

ECJ (Grand Chamber) Directive 2010/13/EU – Provision of audiovisual media services – Article 15(6) -Validity – Events of high interest to the public that are subject to exclusive broadcasting rights – Right of access of broadcasters to such events for the purpose of making short news reports – Limitation of possible compensation for the holder of the exclusive right to additional costs incurred in providing such access – Charter of Fundamental Rights of the European Union – Articles 16 and 17 – Proportionality

Judges:

Y Bot AG

Citations:

C-283/11, [2013] EUECJ C-283/11

Links:

Bailii

Statutes:

Directive 2010/13/EU 15(6), Charter of Fundamental Rights of the European Union

European, Media, Human Rights

Updated: 13 November 2022; Ref: scu.470567

Rocknroll v News Group Newspapers Ltd: ChD 17 Jan 2013

The claimant sought an order to restrain the defendant from publishing embarrassing photographs taken at a private party. He had taken an assignment of the copyright from the photographer.
Held: The court considered whether the extent to which the images or similar images of the claimants have appeared already in the public domain was relevant.
A public figure is not, by virtue of that quality, necessarily deprived of his or her legitimate expectations of privacy

Judges:

Briggs J

Citations:

[2013] EWHC 24 (Ch), [2013] All ER 98

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

CitedMezvinsky and Another v Associated Newspapers Ltd ChD 25-May-2018
Choice of Division and Business Lists
Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. . .
CitedRichard v The British Broadcasting Corporation (BBC) and Another ChD 18-Jul-2018
Police suspect has outweighable Art 8 rights
Police (the second defendant) had searched the claimant’s home in his absence in the course of investigating allegations of historic sexual assault. The raid was filmed and broadcast widely by the first defendant. No charges were brought against the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, Human Rights

Updated: 13 November 2022; Ref: scu.470132

Federation Internationale De Football Association (FIFA) v European Commission: ECJ 12 Dec 2012

ECJ (Opinion) Appeals – Television broadcasting – Television without frontiers – Article 3a of Directive 89/552/EEC – Directive 97/36/EC – Measures taken by the Member State concerning events of major importance for society which cannot be covered by exclusive television broadcasting rights – Commission decision declaring the measures compatible with European Union law – Commission’s power of review – UEFA European Football Championship – FIFA World Cup – Right to property

Judges:

Jaaskinen AG

Citations:

[2012] EUECJ C-204/11 – O, C-204/11, [2012] EUECJ C-204/11, [2013] EUECJ C-204/11

Links:

Bailii, Bailii, Bailii

Statutes:

Directive 89/552/EEC, Directive 97/36/EC

European, Media, Intellectual Property

Updated: 12 November 2022; Ref: scu.468772

Union of European Football Associations v European Commission: ECJ 12 Dec 2012

ECJ Appeals – Television broadcasting – Television without frontiers – Article 3a of Directive 89/552/EEC – Directive 97/36/EC – Measures taken by the Member State concerning events of major importance for society which cannot be covered by exclusive television broadcasting rights – Commission decision declaring the measures compatible with European Union law – Commission’s power of review – UEFA European Football Championship – FIFA World Cup – Right to property

Citations:

C-201/11, [2012] EUECJ C-201/11, [2013] EUECJ C-201/11

Links:

Bailii, Bailii

Statutes:

Directive 89/552/EEC, Directive 97/36/EC

Jurisdiction:

European

Media

Updated: 12 November 2022; Ref: scu.467092

Football Association Premier League Ltd and Others v QC Leisure and Others: ChD 3 Feb 2012

The claimant complained that in using decoders imported from Greece, the defendants had infringed their copyrights.

Judges:

Kitchin J

Citations:

[2012] EWHC 108 (Ch)

Links:

Bailii

Statutes:

Copyright, Designs and Patents Act 1988 20 72

Jurisdiction:

England and Wales

Citing:

See AlsoThe Football Association Premier League Ltd v QC Leisure and others ChD 18-Jan-2008
The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches. . .
See AlsoFootball Association Premier League Ltd and others v QC Leisure and others ChD 24-Jun-2008
Three actions were heard in which the claimants alleged copyright infringement in the use of decoder cards to broadcast foreign transmissions of live Premier League football matches. . .
See AlsoFootball Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others ChD 13-Nov-2008
Football organisations applied to be joined to a case being remitted to the European Court for the purpose of giving their views on the questions raised. The European Court practice only allowed for states to act as interveners. The court had . .
See AlsoFootball Association Premier League and Others v QC Leisure ECJ 16-Dec-2009
ECJ (Order) REFERENCES for a preliminary ruling under Article 234 EC from the High Court of Justice of England and Wales, Chancery Division, and the High Court of Justice of England and Wales, Queen’s Bench . .
See AlsoFootball Association Premier League and Others v QC Leisure ECJ 3-Feb-2011
ECJ Advocate General’s Opinion – Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal . .
See AlsoFootball Association Premier League and Others v QC Leisure ECJ 4-Oct-2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media, European

Updated: 10 November 2022; Ref: scu.450563

The Football Association Premier League Ltd v QC Leisure and others: ChD 18 Jan 2008

The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches.

Judges:

Barling J

Citations:

[2008] EWHC 44 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See AlsoMurphy v Media Protection Services Ltd Admn 16-Jul-2008
The defendant publican appealed against convictions for dishonestly receiving a broadcast programme with intent to avoid payment. . .
See AlsoFootball Association Premier League Ltd and others v QC Leisure and others ChD 24-Jun-2008
Three actions were heard in which the claimants alleged copyright infringement in the use of decoder cards to broadcast foreign transmissions of live Premier League football matches. . .
See AlsoFootball Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others ChD 13-Nov-2008
Football organisations applied to be joined to a case being remitted to the European Court for the purpose of giving their views on the questions raised. The European Court practice only allowed for states to act as interveners. The court had . .
See AlsoFootball Association Premier League Ltd and Others v QC Leisure and Others ChD 3-Feb-2012
The claimant complained that in using decoders imported from Greece, the defendants had infringed their copyrights. . .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property

Updated: 10 November 2022; Ref: scu.263851

In re X Children: FD 29 Jun 2007

Munby J made clear, in the context of reiterating the principle that whilst it was a strong thing to omit or qualify the public domain proviso, that the Court can, where there is a pressing need, construct a reporting restriction order so as to prevent the further reporting of aspects of the criminal proceedings which have already been reported.

Judges:

Munby J

Citations:

[2007] EWHC 1719 (Fam), [2008] 1 FLR 589, [2008] Fam Law 23

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedH v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 10 November 2022; Ref: scu.260010

Football Association Premier League Ltd and others v QC Leisure and others: ChD 24 Jun 2008

Three actions were heard in which the claimants alleged copyright infringement in the use of decoder cards to broadcast foreign transmissions of live Premier League football matches.

Judges:

Kitchin J

Citations:

[2008] EWHC 1411 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoThe Football Association Premier League Ltd v QC Leisure and others ChD 18-Jan-2008
The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches. . .

Cited by:

See AlsoFootball Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others ChD 13-Nov-2008
Football organisations applied to be joined to a case being remitted to the European Court for the purpose of giving their views on the questions raised. The European Court practice only allowed for states to act as interveners. The court had . .
See AlsoFootball Association Premier League Ltd and Others v QC Leisure and Others ChD 3-Feb-2012
The claimant complained that in using decoders imported from Greece, the defendants had infringed their copyrights. . .
See AlsoFootball Association Premier League and Others v QC Leisure ECJ 16-Dec-2009
ECJ (Order) REFERENCES for a preliminary ruling under Article 234 EC from the High Court of Justice of England and Wales, Chancery Division, and the High Court of Justice of England and Wales, Queen’s Bench . .
See AlsoFootball Association Premier League and Others v QC Leisure ECJ 3-Feb-2011
ECJ Advocate General’s Opinion – Satellite transmission of football matches – Marketing of decoder cards which have been lawfully placed on the market in other Member States – Directive 98/84/EC – Legal . .
See AlsoFootball Association Premier League and Others v QC Leisure ECJ 4-Oct-2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property

Updated: 10 November 2022; Ref: scu.270462

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed.
Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In the blogs, as I have made clear from the District Judge’s review of the evidence, the appellant claimed that various figures in the village had been guilty of corruption and perverting the course of justice. The appellant did not lead any evidence to support those charges, but the blogs did not incite or threaten violence or disorder. They could not reasonably have given rise to the suspicion that the appellant would resort to threats of violence or disorder. The district judge did not so find. The mere fact that a blog may contain material that is untrue or even defamatory or, as the District Judge put it, damaging to the reputation of the people of whom he spoke may justify the civil courts in making an injunction, a breach of which may be a contempt of court punishable with imprisonment, but in deciding whether or not the statutory criteria for these purposes are met, it seems to me that the District Judge put far too much weight upon the fact that the allegations which the appellant made in the blog were uncorroborated or, as he put it, ‘totally unsubstantiated’. ‘
and ‘I appreciate that District Judges in determining these applications must be allowed a wide measure of appreciation. This court should not interfere unless the order made is one which could not reasonably have been made on the evidence adduced. In my judgment, the District Judge far too readily accepted the assertion made by each of the complainants that they had suffered harassment, alarm or distress. More is required than repeating this mantra in each witness statement. It seems to me that the entries on the blog and the physical contacts such as there were between the appellant and those whom he targeted were offensive and tiresome, it is even possible that they could properly be described as amounting to anti-social behaviour but I do not think that the high threshold set by the statutory criteria was met at all.’

Judges:

Pitchford LJ, Openshaw J

Citations:

[2012] EWHC 3226 (Admin)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 1(1), Criminal Procedure Rules 64.6, European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

CitedClingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights, Media

Updated: 09 November 2022; Ref: scu.466541

Nilsen v United Kingdom: ECHR 9 Mar 2010

The applicant had been convicted of the most serious offences including several violent murders, and was held under a whole life tarriff. He wished to publish his autobiography from prison.
Held: The application was inadmissible. He had nothing serious to say in the public interest, although the policy applied in his case would not have prevented even him from engaging in such serious debate. To the contrary, the applicant wished to use his memoirs as a platform to seek to justify his conduct and denigrate people he disliked and his manuscript contained ‘several lurid and pornographic passages’ and highly personal details of a number of his offences. The applicant did not take issue with the description of his crimes as being ‘as grave and depraved as it is possible to imagine’. Even in such an extreme case, the Court was careful to distinguish between the causing of offence to members of the public, which would not be a sufficient justification for restricting article 10 rights, and ‘an affront to human dignity’, which would, that being itself a fundamental value in the Convention.

Citations:

[2010] ECHR 470

Links:

Bailii

Jurisdiction:

Human Rights

Citing:

See AlsoDennis Andrew Nilsen v United Kingdom ECHR 27-Nov-2008
. .

Cited by:

CitedBritish Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad Admn 11-Jan-2012
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview.
Held: The claim succeeded. The decision was quashed and must be retaken. If ever any . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Media

Updated: 09 November 2022; Ref: scu.450215

Regina v Arundel Justices, Ex parte Westminster Press Ltd: 1985

The basic rule is that anything said in open court may be reported. Withholding the name from the public during the proceedings will provide the basis for the making of an order under section 11 of the Contempt of Court Act 1981.

Citations:

[1985] 1 WLR 708

Statutes:

Contempt of Court Act 1981 11

Jurisdiction:

England and Wales

Cited by:

CitedAttorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order HL 17-Jun-2009
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order . .
CitedAllen v The Grimsby Telegraph and Another QBD 2-Mar-2011
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media

Updated: 09 November 2022; Ref: scu.374369

Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997

An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the source of them. Could the section protect the source? A balancing exercise was required, one which would differ from case to case. Here it weighed in favour of disclosure. In this case there remained a threat of further damage from a disloyal senior employee.

Judges:

Lord Justice Schiemann, Lord Justice Thorpe, Lord Justice Mummery

Citations:

Gazette 12-Nov-1997, Times 30-Oct-1997, [1997] EWCA Civ 2554, [1999] QB 124, [1998] 1 All ER 251, [1998] IRLR 80, [1998] 2 WLR 379, [1998] EMLR 1

Links:

Bailii

Statutes:

Contempt of Court Act 1981 10, European Convention on Human Rights Art 10

Jurisdiction:

England and Wales

Citing:

CitedNorwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
CitedX Ltd v Morgan-Grampian (Publishers) Ltd HL 1990
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
Appeal fromCamelot Group Plc v Centaur Communications Plc QBD 15-Jul-1997
Human rights law is no aid in protecting a journalist against an order requiring the return of confidential documents, even though this might identify the source of leak. . .

Cited by:

CitedAshworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Employment, Media, Human Rights

Updated: 09 November 2022; Ref: scu.142953

Regina v British Broadcasting Corporation ex parte Quintavelle (PPC for the Prolife Alliance): CA 20 Oct 1997

The applicant stood for Parliament, but the respondent had refused to show his party election broadcast on the grounds of its lack of taste and decency. He had sought to demonstrate the evils of abortion, and now renewed his application for leave to bring judicial review of the decision.
Held: It was not arguable that the respondent’s decision was perverse, and the election having passed, no further virtue was to be served by conducting a full review. Each such decision would be on its own merits.

Judges:

The Master of The Rolls, Lord Woolf, Lord Justice Aldous, Lord Justice Chadwick

Citations:

[1997] EWCA Civ 2531, (1998) 10 Admin LR 425

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v British Broadcasting Corporation ex parte Pro-Life Alliance Party Admn 24-Mar-1997
The complainant sought leave to present a judicial review of the respondent’s refusal to transmit his party election broadcast on the grounds of its absence of taste and decency.
Held: The decision that the offending parts of the transmission . .

Cited by:

CitedWillers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Lists of cited by and citing cases may be incomplete.

Elections, Media, Judicial Review

Updated: 09 November 2022; Ref: scu.142929

Telegraaf Media Nederland Landelijke Media Bv And Others v The Netherlands: ECHR 22 Nov 2012

The ECtHR considered that, in cases of the targeted surveillance of journalists in order to discover their sources, prior review by an independent body with the power to prevent or terminate it was necessary. The point that the confidentiality of journalistic sources cannot be restored once it is destroyed.

Citations:

39315/06 – HEJUD, [2012] ECHR 1965

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

CitedSecretary of State for The Home Department v Davis MP and Others CA 20-Nov-2015
The Secretary of State appealed against a ruling that section 1 of the 2014 Act was inconsistent wih European law.
Held: The following questions were referred to the CJEU:
(1) Did the CJEU in Digital Rights Ireland intend to lay down . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Police

Updated: 06 November 2022; Ref: scu.465974

Press Association, Regina (on The Application of) v Cambridge Crown Court: CACD 21 Nov 2012

The Association complained that an order preventing the naming of a defendant after his conviction so as to protect the identity of the complainant was made in excess of the court’s jurisdiction.

Citations:

[2012] EWCA Crim 2434

Links:

Bailii

Statutes:

Contempt of Court Act 1981 4(2)

Jurisdiction:

England and Wales

Crime, Media

Updated: 06 November 2022; Ref: scu.465946

MXB v East Sussex Hospitals NHS Trust: QBD 20 Nov 2012

The claimant child invited the court to protect his identity in these proceedings by the making of an order under section 39 of the 1933 Act.
Held: The court described the limitations inherent in such order in modern conditions where the Internet was a substantial force: ‘Whereas in 1933, and until recently, the only form in which a report of proceedings was likely to reach the public was by newspaper or broadcasting, today reports of proceedings can be made by any individual posting a report on the internet. And whereas reports in newspapers and broadcasts were ephemeral and difficult to find even a day or two after they had first been published, reports on the internet are easy to find with a search engine, and very difficult to remove.
Accordingly, it is submitted, the limitation of s.39 of the 1933 Act to newspaper reports may not only be insufficient, it is also anomalous, in failing to provide for forms of reports to the public that have become technically possible, and now common, in addition to newspapers and broadcasts.’ An order was made which avoided these limitations.

Judges:

Tugendhat J

Citations:

[2012] EWHC 3279 (QB)

Links:

Bailii

Statutes:

Children and Young Person’s Act 1933 39

Cited by:

CitedMX v Dartford and Gravesham NHS Trust and Others CA 17-Feb-2015
Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant.
Held: An order should . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Children, Media

Updated: 06 November 2022; Ref: scu.465902

Attorney-General v Newspaper Publishing Plc and Others: CA 2 May 1997

A third party was in contempt of court if the proceedings had been significantly, and adversely, affected. It was not necessary that they had been frustrated entirely.
‘The law of contempt is of ancient origin yet of fundamental contemporary importance . . Essentially a creature of common law, contempt has been and continues to be developed and adapted to meet continuing challenges to the ‘supremacy of the law’. One result of this continuing development and concern to protect the many facets of the administration of justice is that there are many forms of contempt’.

Judges:

Lord Bingham of Cornhill CJ

Citations:

Times 02-May-1997, [1998] Ch 333, [1997] 1 WLR 927

Jurisdiction:

England and Wales

Cited by:

CitedAttorney General v Fraill and Another CACD 16-Jun-2011
Juror’s use of Facebook was contempt
The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet.
Held: Both juror and defendant in the trial had committed contempt of . .
CitedHutcheson v Popdog Ltd and Another CA 19-Dec-2011
The claimant had obtained an injunction to prevent the defendant publishing private materials regarding him. That injunction had been continued by consent but was no challenged by a third party news publisher.
Held: Leave to appeal was . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media

Updated: 05 November 2022; Ref: scu.77990

HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that media debate would interfere with the investigation.
Held: The injunction was discharged. The judge had applied the wrong test. The criminal burden of proof did not apply to allegations under rule 39.2.

Judges:

Sir Anthony Clarke MR, Dyson LJ, Thomas LJ

Citations:

[2007] EWCA Civ 280, Times 14-Mar-2007

Links:

Bailii

Statutes:

Contempt of Court Act 1981 1 2, Civil Procedure Rules 39.2

Jurisdiction:

England and Wales

Citing:

CitedHodgson and others v Imperial Tobacco Limited Gallagher Limited etc CA 12-Feb-1998
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing . .
CitedRegina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
CitedDepartment of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another CA 25-Mar-2004
The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be . .
Lists of cited by and citing cases may be incomplete.

Media, Contempt of Court, Police, Human Rights

Updated: 05 November 2022; Ref: scu.250981

Bennett and others v Guardian Newspapers Limited: CA 22 Jan 1997

The existence of other rumours as to a plaintiff’s character do not reduce the damages to be awarded for the distress caused by the libel in a libel action.

Citations:

Times 27-Feb-1997, [1997] EWCA Civ 815

Jurisdiction:

England and Wales

Citing:

Appeal fromBennet and Others v Guardian Newspapers Ltd QBD 28-Dec-1995
There is no defence in defamation in the law of England and Wales that the Plaintiff is a public figure. That would be to import a defence from the United States. . .
Lists of cited by and citing cases may be incomplete.

Defamation, Media

Updated: 05 November 2022; Ref: scu.141211

Telefonica O2 UK Ltd and Others v British Telecommunications Plc and Another: CA 25 Jul 2012

BT had introduced a new tarriff for termination charges in respect of calls made from mobile phones to 08 numbers.
Held: The Court overruled the CAT and restored the decision of Ofcom. The CAT had been wrong to attach weight to their view that a restraint on BT’s freedom to set its own charges would itself distort competition, and wrong to attach weight to the fact that BT, not having significant market power in a relevant market, was not subject to ex ante control of its prices on competition grounds.

Judges:

Lloyd, Etherton, Elias LJJ

Citations:

[2012] EWCA Civ 1002

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromTelefonica O2 Uk Ltd v Office of Communications and Another CAT 7-Oct-2010
OFCOM had disallowed a new termination tarriff imposed by BT on mobile network operators.
Held: The appeal succeeded. BT had the right to vary its charges subject to compiance with the appropriate European objectives and directives. Since the . .

Cited by:

Appeal fromBritish Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Lists of cited by and citing cases may be incomplete.

Media, Commercial, Utilities

Updated: 04 November 2022; Ref: scu.463312

TF1 and Others v Commission: ECFI 10 Jul 2012

ECFI State aid – Public Broadcasting Service – Help contemplated by the French Republic for France Televisions – Subsidy under fiscal year 2009 – Decision not to raise objections – Service of general economic interest – proportionality test – No serious difficulties

Judges:

Czucz P

Citations:

T-520/09, [2012] EUECJ T-520/09

Links:

Bailii

European, Media, Commercial

Updated: 04 November 2022; Ref: scu.463248

AAA v Associated Newspapers Ltd: QBD 25 Jul 2012

The claimant child sought damages and an injunction from and against the defendant newspapers, alleging harassment and breach of her privacy. At times there had been as many as ten reporters encamped outside her house.

Judges:

Nicola Davies J

Citations:

[2012] EWHC 2103 (QB), [2013] EMLR 2

Links:

Bailii

Statutes:

Protection from Harassment Act 1997, European Convention on Human Rights

Cited by:

Principal judgmentAAA v Associated Newspapers Ltd QBD 31-Jul-2012
. .
Appeal fromAAA v Associated Newspapers Ltd CA 20-May-2013
An order had been sought for the claimant child for damages after publication by the defendant of details of her identity and that of her politician father. She now appealed against refusal of her claim for damages for publication of private . .
Lists of cited by and citing cases may be incomplete.

Media, Torts – Other

Updated: 04 November 2022; Ref: scu.463284