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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Media - From: 1995 To: 1995

This page lists 17 cases, and was prepared on 02 April 2018.


 
 In re W (Wardship: Discharge: Publicity); CA 1995 - [1995] 2 FLR 466
 
Ex parte Crook [1995] 1 WLR 139
1995
CA
Glidewell LJ
Children, Media
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.
1 Citers


 
A and M Records Ltd v VCI [1995] EMLR 25
1995

Sir Mervyn Davies
Intellectual Property, media
Sir Mervyn Davies said: "However that may be, I am satisfied that Mr Ross was at all material times quite unaware of any activities of the plaintiffs being activities of a kind that he as owner of the copyright in the sound recordings could object to. It did not occur to Mr Ross that he had any right to copyright until it was explained to him about September 1994 that he might be the copyright owner. That being so I do not see how any estoppel can be raised against him or in turn against VCI. I do not see that Mr Ross acted unconscionably in failing to assert a right of which he was unaware."
1 Cites

1 Citers


 
Regina v Broadcasting Complaints Commission Ex Parte Channel Four Television Corporation Plc Times, 06 January 1995
6 Jan 1995
QBD

Media
The 'direct interest' required of a potential complainant about a broadcast under the Act is to be construed broadly.
Broadcasting Act 1990 144 (2)

 
Hellewell v Chief Constable of Derbyshire Gazette, 15 February 1995; Times, 13 January 1995; [1995] 1WLR 804; [1995] 4 All ER 473
13 Jan 1995
QBD
Laws J
Intellectual Property, Police, Media, Human Rights
The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff. Held: A duty of confidence could arise when the police photographed a suspect without his consent, but the photograph could be published if reasonably required for the prevention and detection of crime, the investigation of alleged offences, or the apprehension of suspects unlawfully at large. The police could rely on the public interest defence to any action for breach of confidence. The police in disclosing the photograph acted entirely in good faith for the prevention or detection of crime and had distributed it only to persons who had reasonable need to make use of it. However "the term “reasonable” is fluid in its application and it is as impossible as it is undesirable to lay down anything like a lexicon of the circumstances that will amount to reasonable use." (Obiter:) "If someone with a telephoto lens were to take from a distance and with no authority a picture of another engaged in some private act, his subsequent disclosure of the photograph would, in my judgment, as surely amount to a breach of confidence as if he had found or stolen a letter or diary in which the act was recounted and proceeded to publish it. In such a case, the law would protect what might reasonably be called a right of privacy, although the name accorded to the cause of action would be breach of confidence. It is, of course, elementary that, in all such cases, a defence based on the public interest would be available."
1 Cites

1 Citers



 
 Mercury Communications Ltd v Director General of Telecommunications and Another; HL 10-Feb-1995 - Independent, 16 February 1995; Times, 10 February 1995; [1996] 1 WLR 48; [1995] UKHL 12; [1996] 1 All ER 575; [1995] CLC 266; [1998] Masons CLR Rep 39
 
Regina v Broadcasting Complaints Commission Ex Parte British Broadcasting Corporation Independent, 04 March 1995; Times, 24 February 1995
24 Feb 1995
QBD

Media, Administrative
A pressure group has no locus to make complaint to the Broadcasting Complaints Commission.
Broadcasting Act 1990 144(7)

 
Prager And Oberschlick v Austria 15974/90; (1996) 21 EHRR 1; [1995] ECHR 12; [1995] ECHR 12; [1995] ECHR 12_2
26 Apr 1995
ECHR

Human Rights, Media
Article 10 requires that journalists be permitted a good deal of latitude in how they present their material and that a degree of exaggeration must also be accepted. The media have a special place in any democratic society as purveyor of information and public watchdog. There is a strong public interest in maintaining the confidence of the public at large in the courts. Article 6 is intended, among other things, to promote confidence in the judicial process: "Regard must . . be had to the special role of the judiciary in society. As the guarantor of justice, a fundamental value in a law-governed State, it must enjoy public confidence if it is to be successful in carrying out its duties."
European Convention on Human Rights 10
1 Citers

[ Bailii ] - [ Bailii ] - [ Bailii ]
 
Houston and Another v British Broadcasting Corporation Times, 09 May 1995
9 May 1995
IHCS

Elections, Scotland, Media
The BBC's appeal against an interdict against program before election was not urgent enough to justify immediate hearing.


 
 Regina v Wood; CACD 11-Jul-1995 - Times, 11 July 1995; Ind Summary, 31 July 1995; Gazette, 31 August 1995; [1996] 1 Cr App R 207

 
 Tolstoy Miloslavsky v United Kingdom; ECHR 19-Jul-1995 - Times, 19 July 1995; Independent, 22 September 1995; (1995) 20 EHRR 442; 18139/91; [1995] ECHR 25

 
 In re Z (A Minor) (Identification: Restrictions on Publication); CA 31-Jul-1995 - [1997] Fam 1; [1996] 1 FLR 197; [1996] 2 WLR 88
 
Regina v Radio Authority Ex Parte Amnesty International British Section Independent, 01 August 1995; Times, 20 July 1995
1 Aug 1995
QBD

Media
The Radio Authority had correctly assessed that Amnesty International's objects are mainly political, and accordingly their right to advertise on radio was properly prohibited.
Broadcasting Act 1990 92(2)(1)(i)

 
Regina v Westminster City Council Ex Parte Castelli Times, 14 August 1995; [1995] 7 Admin LR 840
14 Aug 1995
QBD
Latham J
Contempt of Court, Media
An applicant, who was HIV positive, wished his identity to be concealed. Held: Some publicity had already occurred A Contempt of Court anonymity order was not to be used to protect a litigant's privacy.
Contempt of Court Act 1981 11
1 Cites

1 Citers



 
 Carvel and Guardian Newspapers v Council; ECFI 19-Oct-1995 - Times, 02 November 1995; T-194/94; [1995] EUECJ T-194/94

 
 Regina v Cambridge and Huntingdonshire Health Authority Ex Parte B (No 2); CA 27-Oct-1995 - Times, 27 October 1995
 
Regina v Commissioner of Election Court ex parte Loveridge [1995] EWHC Admin 5
23 Nov 1995
Admn
Latham J
Elections, Media
The applicant had been found in contravention of the law requiring him not to take part in a broadcast within a short period before the election. He had given the interview some days before, and did not know when, or give thought to when, it might be broadcast. He claimed the broadcast had been made without his consent. The commissioner concluded that he had clearly consented when giving the interview, and that the intention was to assist his prospects at the election. That judgment was clearly within the realms of the reasonable, and should not be set aside.
Representation of the People Act 1983 93 (1)(b)
[ Bailii ]
 
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