The Court was asked whether section 32(4) of the Act, which provides in certain circumstances for an automatic stay of proceedings in respect of journalistic materials (amongst others), is incompatible with EU law.
Held: The sub section forms an important part of the protection of the rights of freedom of expression. A greater need is to be shown to allow prior restraint of a journalists publicatuon, and therefore there was nothing in section 32(4) which failed to give effect to the Directive. The claim was to be stayed.
Judges:
Popplewell J
Citations:
[2017] EWHC 695 (QB), [2017] WLR(D) 251
Links:
Statutes:
Data Protection Act 1988 32(4), Charter of Fundamental Rights of the European Union, Directive 95/46/EC
Jurisdiction:
England and Wales
Information, European, Media
Updated: 24 March 2022; Ref: scu.581697