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Media - From: 2004 To: 2004

This page lists 31 cases, and was prepared on 02 April 2018.

 
Attorney-General v Parry [2004] EMLR 223
2004

Lewison J
Media

1 Citers


 
Commission v Spain (Judgment) C-58/02; [2004] EUECJ C-58/02
7 Jan 2004
ECJ

European, Media
Europa Failure of a Member State to fulfil obligations - Directive 98/84/EC - Information society - Radio broadcasting - Services based on conditional access - Services consisting of conditional access - Protected services - Legal protection - Devices giving unauthorised access
[ Bailii ]
 
Kent County Council v The Mother, The Father, B (By Her Children's Guardian); Re B (A Child) (Disclosure) [2004] EWHC 411 (Fam); [2004] 2 FLR 142; [2004] EWHC Fam 411; [2004] Lloyds Rep Med 303
19 Mar 2004
FD
Mr Justice Munby
Children, Media
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 be in public. Held: The applicant and her solicitors had already made significant disclosures and had been very much less than candid with the court about what they had done. The starting point was that proceedings about children should be in private. Parents dissatisfied with court proceedings must be able to voice their doubts, and courts are not immune to significant error. Papers should be disclosed to the GMC subject to safeguards. The court identified which elements of children's cases were disclosable without the consent of the court. It was wrong to await an appeal hearing before conducting the delicate balancing exercise on disclosure. Orders were made rstricting publication of some elemments and consenting to others. "section 12 of the 1960 Act applies equally whether the dissemination of information or documents is to a journalist or to a Member of Parliament, a Minister of the Crown, a Law Officer, or any other public body or public official, that the Minister of State for Children is not a child protection professional, and that disclosure to the Minister of State cannot therefore be justified on the footing of the exception to the general principle recognised in In re M. Put shortly, a government department has no right to see a family court file and needs leave from a judge to do so. "
Munby said: "I need to emphasise that there is a 'publication' for [the] purpose [of AJA 1960 section 12] whether the dissemination of information or documents is to a journalist, a Minister of the Crown, a Law Officer, the Director of Public Prosecutions, the Crown Prosecution Service, the police (except when exercising child protection functions), the GMC, or any other public body or public official.' The law and practice of the family courts is a matter in which the public has a genuine and proper interest: "The workings of the family justice system and, very importantly, the views about the system of…(those)…caught up in it are … matters of public interest which can and should be discussed publicly.
We cannot afford to proceed on the blinkered assumption that there have been no miscarriages of justice in the family justice system. This is something that has to be addressed with honesty and candour if the family justice system is not to suffer further loss of public confidence. Open and public debate in the media is essential."
Family Proceedings Rules 1991 4.16(7) - Administration of Justice Act 1960 12 - Children Act 1989 97(2)
1 Cites

1 Citers

[ Bailii ]

 
 Karner v Troostwijk GmbH; ECJ 25-Mar-2004 - C-71/02; [2004] ECR I-3025; [2004] CEC 327; [2004] EUECJ C-71/02; [2004] 2 CMLR 5; [2005] ETMR 59
 
Affaire Radio France et autres v France 53984/00; [2007] ECHR 127; (2005) 40 EHRR 29
30 Mar 2004
ECHR

Human Rights, Media
A person's right to protect his/her reputation is among the rights guaranteed by ECHR Article 8 as an element of the right to respect for private life.
European Convention on Human Rights 8
1 Citers

[ Bailii ] - [ Bailii ]
 
F v Newsquest Limited and others [2004] EMLR 607; [2004] EWHC 762 (Fam)
1 Apr 2004

Munby J
Media
The court referred to the need for newspapers to be able to put a face or identity to a story. There was a "clear and compelling interest" of the media and the public in the publication of the photograph of a person convicted of a serious crime so as to "put a face on the man".
Munby J considered the idea of 'public domain' on the internet: "There is, I think, considerable force in the point made by Mr Baker that, with the advent of the internet, and in a world where there is an almost infinite quantity of accessible information, it is impossible to see the public domain as something which has clear boundaries. As he says, although some information will be manifestly well-known so that re-publication will have comparatively little effect, other information may be obscure so that re-publication could have a very significant effect. As he also says, whereas some information, once in the public domain, will stay there permanently, other information may in reality disappear from the public domain after time, in the sense that although it remains in a cuttings file or a database it never or hardly ever sees the light of day."
1 Citers



 
 Campbell v Mirror Group Newspapers Ltd (MGN) (No 1); HL 6-May-2004 - [2004] UKHL 22; Times, 10 May 2004; [2004] 2 WLR 1232; [2004] 2 AC 457; [2004] UKHRR 648; [2004] EMLR 15; 16 BHRC 500; [2004] HRLR 24; [2004] 2 All ER 995
 
Kerry Cox v Lawrence Jones [2004] EWHC 1006 (Ch)
6 May 2004
ChD
Mann, The Honourable Mr Justice Mann
Family, Evidence, Media, Civil Procedure Rules
In the course of the hearing some of the claimant's allegations were dropped. Newspapers having taken an interest in the case sought disclosure of the full document. Held: The parts of the statements not relied upon included allegations against third parties who would have no opportunity of reply, and which allegations were not pursued. The names would be deleted. The court made available the documents required under 5.4 but not further.
Civil Procedure Rules 5.4 32.13
[ Bailii ]
 
Editions Plon (Societe) v France 58148/00; [2004] ECHR 200; (2006) 42 EHRR 36
18 May 2004
ECHR

Human Rights, Media
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 10 with regard to the interim injunction ; Violation of Art. 10 with regard to the permanent injunction ; Pecuniary damage - claim rejected ; Costs and expenses partial award - domestic proceedings ; Costs and expenses award - Convention proceedings
1 Citers

[ Worldlii ] - [ Bailii ]
 
Tillery Valley Foods v Channel Four Television, Shine Limited [2004] EWHC 1075 (Ch); Times, 21 May 2004; Gazette, 03 June 2004
18 May 2004
ChD
Mann, The Honourable Mr Justice Mann
Media, Information, Human Rights
The claimant sought an injunction to restrain the defendants 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"
Human Rights Act 1998 12(3)
1 Cites

1 Citers

[ Bailii ]
 
Independent Publishing Company Limited v The Attorney General of Trinidad and Tobago, The Director of Public Prosecutions [2005] 1 AC 190; [2004] 3 WLR 611; [2004] UKPC 26; [2005] 1 All ER 499
8 Jun 2004
PC
Lord Bingham of Cornhill, Lord Hoffmann, Lord Walker of Gestingthorpe, Lord Carswell, Lord Brown of Eaton-under-Heywood
Constitutional, Media, Contempt of Court
PC (Trinidad and Tobago) The newspapers had been accused of contempt of court having reported matters in breach of court orders, and the editors committed to prison after a summary hearing: "In deciding whether someone's section 4 (a) 'right not to be deprived [of their liberty] except by due process of law' has been violated, it is the legal system as a whole which must be looked at, not merely one part of it. The fundamental human right, as Lord Diplock said [in Maharaj v Attorney General of Trinidad and Tobago (No. 2) [1979] AC 385], is to 'a legal system ... that is fair'. Where, as in Mr Maharaj's case, there was no avenue of redress (save only an appeal by special leave direct to the Privy Council) from a manifestly unfair committal to prison, ... one can understand why the legal system should be characterised as unfair. Where, however, as in the present case, Mr Ali was able to secure his release on bail within 4 days of his committal – indeed, within only one day of his appeal to the Court of Appeal – their Lordships would hold the legal system as a whole to be a fair one."
Constitution of Trinidad and Tobago 14
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
BG and Others v HMTQ in Right of BC 2004 BCCA 345; [2004] BCJ No 1235 (QL); [2004] CarswellBC 1359; 200 BCAC 223; 242 DLR (4th) 665
22 Jun 2004

Finch CJ, MacKenzie, Lowry JJ
Media, Litigation Practice
Court of Appeal fro British Columbia - Teachers had been accused of historical sexual abuse. An order was made for their anonymisation pending conclusion of those civil proceedings. The proceedings had now been dismissed. The Court now considered whether the anonymisation of the complainants had been correctly dischatrged. Held: Finch CJ cited substantial authority in support of his proposition that "replacing the names of certain parties with initials relates only to 'a sliver of information' and minimally impairs the openness of judicial proceedings".
1 Citers

[ Canlii ]
 
T Mobile (UK) Ltd and Others v First Decretary of State and Another Times, 08 July 2004
23 Jun 2004
QBD
Sir Richard Tucker
Media, Planning
The appellants wished to establish mobile phone masts. Held: Provided the masts met the accepted international standards, it was not open to the inspector to act upon objections based upon allegations of threats to public health.


 
 Von Hannover v Germany; ECHR 24-Jun-2004 - [2004] EMLR 21; 59320/00; [2004] ECHR 294; [2005] ECHR 555; [2005] 40 EHRR 1; (2004) 16 BHRC 545

 
 Taylor v Rive Droite Music Ltd; ChD 6-Jul-2004 - [2004] EWHC 1605 (Ch)

 
 Bacardi-Martini SAS v Television francaise 1 SA (TF1) and others; ECJ 13-Jul-2004 - C-429/02; [2004] ECR I-6613; [2004] EUECJ C-429/02
 
HIH Casualty and General Insurance Limited v JLT Risk Solutions Limited (Formerly Lloyd Thompson Limited) Hollywood 1,2 and 3 ('7.23'/'Rojak'/'Award') [2004] EWHC 1687 (Comm)
13 Jul 2004
QBD
The Honourable Mr Justice Langley
Insurance, Media, Torts - Other

[ Bailii ]
 
Pearle and others v Hoofdbedrijfschap Ambachten C-345/02; [2004] EUECJ C-345/02
15 Jul 2004
ECJ

European, Media
ECJ State aid - Definition of aid - Collective advertising campaigns in favour of one sector of the economy - Financing by means of a special contribution payable by undertakings in that sector - Action taken by a body governed by public law
[ Bailii ]
 
Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others [2005] 1 WLR 2469; [2004] EWHC 1749 (Admin); [2005] 2 All ER 820
22 Jul 2004
Admn
Beatson J
Health, Media, Human Rights
Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal's reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article 6 of the European Convention on Human Rights:
"By definition the issues which the mental health review tribunal has to deal with involve personal and clinical confidential information affecting individuals who are often very vulnerable and not always in a position to make an informed decision as to what may or may not be in their best interests. Questions of capacity may frequently arise and clinical progress may be affected by the consequences of publicity."
Mental Health Act 1983 78 - Mental Health Review Tribunal Rules 1983 - Administration of Justice Act 1960 12
1 Cites

1 Citers

[ Bailii ]
 
Misbehavin' Ltd, Re Application for Judicial Review [2004] NIQB 61
24 Sep 2004
QBNI

Northern Ireland, Media

1 Citers

[ Bailii ]

 
 Cream Holdings Limited and others v Banerjee and others; HL 14-Oct-2004 - [2004] UKHL 44; [2004] 3 WLR 918; [2005] 1 AC 253; [2004] 4 All ER 617; 17 BHRC 464; [2004] UKHRR 1071; [2004] HRLR 39; [2005] EMLR 1
 
Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another [2004] EWHC 2483 (Admin)
14 Oct 2004
Admn

Planning, Media, Landlord and Tenant
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the lease-like terms of the agreements, only licences had been granted since it was envisaged that the land owner could recover possession when required. The erection of the station was "expressed in the language of permissive use to place something on another's land, and not as the grant of a proprietary interest in, and exclusive possession of, land."
Town and Country Planning (Control of Advertisements) Regulations 1992 8 - Landlord and Tenant Act 1954
1 Cites

[ Bailii ]
 
Gpn Ltd v O2 (Uk) Ltd [2004] EWHC 2494 (TCC)
22 Oct 2004
TCC

Media
Contract to upgrade mobile telephone masts
[ Bailii ]

 
 In re S (a Child) (Identification: Restrictions on Publication); HL 28-Oct-2004 - [2004] UKHL 47; Times, 29 October 2004; [2005] 1 FLR 591; [2005] 1 AC 593; 17 BHRC 646; [2004] 4 All ER 683; [2005] Crim LR 310; [2004] 3 FCR 407; [2005] HRLR 5; [2004] 3 WLR 1129; [2005] EMLR 11; [2005] UKHRR 129; [2005] EMLR 2
 
Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462; Times, 10 November 2004; [2005] QB 972
5 Nov 2004
CA
Lord Justice Brooke VP, Lord Justice May, Lord Justice Dyson
Defamation, Media, Human Rights
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 a prior restraint on publication unless it is clear that no defence will succeed at the trial. This is partly due to the importance the court attaches to freedom of speech. It is partly because a judge must not usurp the constitutional function of the jury unless he is satisfied that there is no case to go to a jury. The rule is also partly founded on the pragmatic grounds that until there has been disclosure of documents and cross-examination at the trial a court cannot safely proceed on the basis that what the defendants wish to say is not true. And if it is or might be true the court has no business to stop them saying it. "
Nothing in section 12(3) of the 1998 Act weakens the force of the rule in Bonnard v Perryman.
As to Human Rights, a person's right to protect his or her reputation is amongst the rights guaranteed by Art 8. There were two rights in conflict. The court stressed the distinction between a defamation case (where the claimant's right to a reputation has been put in issue and the issue cannot be effectively resolved before the trial) and a case which raises direct issues of privacy or confidentiality. Appeal dismissed.
Human Rights Act 1998 12(3)
1 Cites

1 Citers

[ Bailii ]
 
British American Tobacco UK Ltd and Others, Regina (on the Application of) v Secretary of State for Health [2004] EWHC 2493 (Admin); Times, 11 November 2004
5 Nov 2004
Admn
McCombe J
Media, Human Rights
The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech. Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. The secretary of state had a discretion, and could not be criticised in law for drawing the line where he did to restrict advertising of tobacco products.
Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 - Tobacco Advertising and Promotion Act 2002 4(3) - European Convention on Human Rights 10
1 Cites

1 Citers

[ Bailii ]
 
Nilsen v HM Prison Full Sutton and Another [2004] EWCA Civ 1540; Times, 23 November 2004; [2005] 1 WLR 1028
17 Nov 2004
CA
Mr Justice Gage, Lord Justice Kennedy, Lord Phillips Master Of The Rolls
Prisons, Human Rights, Media
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management of prisons but control of prisoners, and one legitimate aspect of a sentence of imprisonment is that it renders subject to control the exercise of the prisoner's freedom to express himself to those who are outside the prison. "We do not believe that any penal system could readily contemplate a regime in which a rapist or a murderer would be permitted to publish an article glorifying in the pleasure that his crime had caused him. English jurisprudence suggests that to restrict prisoners from publishing such matter is a legitimate exercise of the power conferred on the Secretary of State by the Prison Act. "
European Convention on Human Rights - Prison Rules 1999
1 Cites

1 Citers

[ Bailii ]
 
In re Guardian Newspapers Ltd (Court Record: Disclosure) Times, 12 December 2004
8 Dec 2004
ChD
Park J
Civil Procedure Rules, Media
The newspaper sought disclosure of documents which had been referred to in statements filed in proceedings, but which had not been read out, because the case had been settled before the hearing. Held: Changes in court practice now meant that many fewer statements and documents came to be read out in court. The demands of open justice were at danger of being prejudiced. 'Members of the public should not lose the ability to know the contents of a witness's evidence which would have been given orally under earlier practices.' Permission was given.
Civil Procedure Rules

 
Chan v Alvis Vehicles Ltd and Another [2004] EWHC 3092 (Ch); [2005] 1 WLR 2965; [2005] 3 All ER 155; [2005] EMLR 19
8 Dec 2004
ChD
Park J
Media, Litigation Practice
The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants. Held: The issue was as to the contuned availabity of the papers after conclusion of the trial. Considering the Rules and the notes to them in the White Book, the notes did not appear to follow from the rules.
Civil Procedure Rules 32.13 5.4(2)
1 Cites

1 Citers

[ Bailii ]

 
 Chan U Seek v Alvis Vehicles Ltd; ChD 8-Dec-2004 - [2005] 1 WLR 2965; [2005] EMLR 19; [2005] 3 All ER 155
 
Pedersen and Baadsgaard v Denmark [2006] 42 EHRR 486; [2004] ECHR 693
17 Dec 2004
ECHR

Media, Human Rights
HUDOC The press must not overstep the bounds set for, among other things, “the protection of the reputation of . . others”, including the requirements of acting in good faith and on an accurate factual basis and of providing “reliable and precise” information in accordance with the ethics of journalism, though "[A] general requirement for journalists systematically and formally to distance themselves from the content of a quotation that might insult or provoke others or damage their reputation is not reconcilable with the press's role of providing information on current events, opinions and ideas (see, for example, Thoma v. Luxembourg."
1 Cites

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