ex parte HTV Cymru (Wales) Ltd: 2002

The court granted an injunction to restrain the media from interviewing witnesses during the course of a criminal trial, and until all the evidence was complete. One witness would have to be recalled, and others might be recalled, and accordingly held that the proposed interviews would constitute a contempt of court pursuant to ss.1 and 2 of the 1981 Act.
Aikens J said: ‘Of course the power of the Crown Court to grant injunctions is strictly limited to the specific matters that are set out in section 45(4). There is no general power in the Crown Court to grant injunctions. But I am satisfied that the Crown Court has the power to grant an injunction to restrain a threatened contempt of court in relation to a matter that is before the Crown Court in question.’

Aikens J
[2002] EMLR 11, [2002] EMLR 184
Supreme Court Act 198145(4), Contempt of Court Act 1981 1 2
England and Wales
Cited by:
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 . .
CitedRegina v Croydon Crown Court ex parte Trinity Mirror Plc; In re Trinity Mirror plc CACD 1-Feb-2008
An order had been made protecting the identity of a defendant who pleaded guilty to possessing indecent images of children. The order was made in the interests of his own children, although they had been neither witnesses in the proceedings against . .

Lists of cited by and citing cases may be incomplete.

Media, Criminal Practice

Updated: 04 December 2021; Ref: scu.377203

Mladina Dd Ljubljana v Slovenia: ECHR 17 Apr 2014

ECHR Article 10-1
Freedom of expression
Publisher ordered to pay damages for an article harshly critical of MP’s remarks and conduct during parliamentary debate on legal regulation of same-sex relationships: violation
Facts – The applicant company published an article harshly criticising S.P., at the time a Member of Parliament, for his remarks and conduct during a parliamentary debate on the legal regulation of same-sex relationships. The article described S.P.’s conduct as that of a ‘cerebral bankrupt’ who, in a country with less limited human resources, would not even be able to find work as a primary school janitor. In the parliamentary debate in question, S.P. had portrayed homosexuals as a generally undesirable sector of the population. In order to reinforce his point, he made effeminate gestures intended to portray a homosexual man. Following a civil action filed by S.P., the applicant company was ordered to pay damages and to publish the introductory and operative parts of the district court’s judgment in its weekly magazine. The domestic courts considered that the impugned comments were objectively offensive, lacked sufficient factual basis, and that the use of such offensive language did not serve the purpose of imparting information to the public.
Law – Article 10: The statement at issue had been made in the press in the context of a political debate on a question of public interest, where few restrictions were acceptable. Moreover, a politician had to display greater tolerance than a private individual, especially when he himself had previously made public statements susceptible of criticism. In this connection, the Court reiterated that journalistic freedom also covered possible recourse to a degree of exaggeration or even provocation.
It was true that the terms used in the article to describe S.P.’s conduct were extreme and could have legitimately been considered offensive. However, the remark describing him as a ‘cerebral bankrupt’ had been a value judgment. The facts on which that statement was based were outlined in considerable detail and their description was followed by the author’s commentary which, in the Court’s opinion, had the character of a metaphor. In the context of what appeared to be an intense debate in which opinions had been expressed with little restraint, the Court interpreted the impugned statement as an expression of strong disagreement, rather than a factual assessment of S.P.’s intellectual abilities. Viewed in this light, the description of his speech and conduct was to be regarded as sufficient foundation for the impugned statement. Moreover, the statement was a counterpoint to S.P.’s own remarks which could be regarded as ridicule promoting negative stereotypes. Lastly, the article matched not only S.P.’s provocative comments, but also the style in which he had expressed them. Even offensive language, which might fall outside the protection of freedom of expression if its sole intent was to insult, might be protected when serving merely stylistic purposes. Viewed in the light of the context in which the impugned statement was made, and the style used in the article, the Court considered that it had not amounted to a gratuitous personal attack. Therefore, the domestic courts had not convincingly established any pressing social need for placing the protection of S.P.’s reputation above the applicant company’s right to freedom of expression. The interference had not been necessary in a democratic society.
Conclusion: violation (unanimously).
Article 41: Finding of a violation constituted sufficient just satisfaction in respect of any non-pecuniary damage; EUR 2,921.05 in respect of pecuniary damage.

20981/10 – Chamber Judgment, [2014] ECHR 425, 20981/10 – Legal Summary, [2014] ECHR 548, [2014] ECHR 767
Bailii, Bailii, Bailii
European Convention on Human Rights
Human Rights

Human Rights, Media

Updated: 04 December 2021; Ref: scu.526272

Jolleys, Regina v, Ex Parte Press Association: CACD 27 Jun 2013

Leveson LJ said: ‘It was for anyone seeking to derogate from open justice to justify that derogation by clear and cogent evidence: see R v Central Criminal Court ex parte W, B and C [2001] 1 Cr App R 2 and in civil cases, the Practice Guidance (Interim Non-disclosure Orders) [2012] 1 WLR 1033 and Derispaska v Cherney [2012] EWCA Civ 1235 per Lewison LJ (at paragraph 14). The order was made when defence counsel asserted the likelihood of the defendant’s son suffering ‘the most extraordinary stigma through no fault of his own’ which caused the Recorder to ask the reporter what the need for identifying the son was, rather than whether it was necessary to restrict his identification.’

Leveson LJ
[2013] EWCA Crim 1135
Bailii
England and Wales

Criminal Practice, Media

Updated: 21 November 2021; Ref: scu.516262

Wegrzynowski And Smolczewski v Poland (Legal Summary): ECHR 16 Jul 2013

ECHR Article 8
Positive obligations
Courts’ refusal to order newspaper to remove article damaging applicant’s reputation from its Internet archive: no violation
Facts – The applicants are lawyers who won a libel case against two journalists working for the daily newspaper Rzeczpospolita following the publication of an article alleging that they had made a fortune by assisting politicians in shady business deals. Holding in particular that the journalists’ allegations were largely based on gossip and hearsay and that they had failed to take the minimum steps necessary to verify the information, the domestic courts ordered them and their editor-in-chief to pay a fine to a charity and to publish an apology. These obligations were complied with.
Subsequently, after discovering that the article remained accessible on the newspaper’s website, the applicants brought fresh proceedings for an order for its removal from the site. Their claim was dismissed on the grounds that ordering removal of the article would amount to censorship and the rewriting of history. The court indicated, however, that it would have given serious consideration to a request for a footnote or link informing readers of the judgments in the original libel proceedings to be added to the website article. That judgment was upheld on appeal.
Law – Article 8: The Court declared the first applicant’s application inadmissible, as being out of time. As regards the second applicant, it noted that during the first set of civil proceedings he had failed to make claims regarding the publication of the impugned article on the Internet. The domestic courts had therefore not been able to decide that matter. Their judgment, finding that the article was in breach of the applicants’ rights, had not created a legitimate expectation that the article would be removed from the newspaper’s website. The second applicant had not advanced any arguments to justify his failure to address the issue of the article’s presence online during the first set of proceedings, especially in view of the fact that the Internet archive of Rzeczpospolita was a widely known and frequently used resource both for Polish lawyers and the general public.
As to the second set of proceedings, the second applicant had been given the opportunity to have his claims examined by a court and had enjoyed full procedural guarantees. The Court accepted that it was not the role of judicial authorities to engage in rewriting history by ordering the removal from the public domain of all traces of publications which had in the past been found, by final judicial decisions, to amount to unjustified attacks on individual reputations. Furthermore, the legitimate interest of the public in access to public Internet archives of the press was protected under Article 10. It was significant that the domestic courts had pointed out that it would be desirable to add a comment to the article on the newspaper’s website informing the public of the outcome of the first set of proceedings. This demonstrated their awareness of how important publications on the Internet could be for the effective protection of individual rights and of the importance of making full information about judicial decisions concerning a contested article available on the newspaper’s website. The second applicant had not, however, the addition of a reference to the judgments in his favour.
Taking into account all those circumstances, the respondent State had complied with its obligation to strike a balance between the rights guaranteed under Article 10 and under Article 8.
Conclusion: no violation (unanimously).

33846/07 – Legal Summary, [2013] ECHR 779
Bailii
European Convention on Human Rights
Human Rights
Cited by:
Legal SummaryWegrzynowski And Smolczewski v Poland ECHR 16-Jul-2013
. .

Lists of cited by and citing cases may be incomplete.

Human Rights, Defamation, Media

Updated: 20 November 2021; Ref: scu.515144

Nagla v Latvia (LS): ECHR 16 Jul 2013

ECHR Article 10-1
Freedom to impart information
Freedom to receive information
Urgent search at journalist’s home involving the seizure of data storage devices containing her sources of information: violation
Facts – The applicant worked for the national television broadcaster where she produced and hosted a weekly investigative news programme ‘De Facto’. In February 2010 she was contacted by an anonymous source who revealed that there were serious security flaws in a database maintained by the State Revenue Service (VID). She informed the VID of a possible security breach and then publicly announced the data leak during a broadcast of De Facto. A week later her source, identifying himself as ‘Neo’, began to use Twitter to publish information concerning the salaries of state officials in various public institutions, and continued to do so until mid-April 2010. The VID initiated criminal proceedings and in February 2010 the investigating police interviewed the applicant as a witness. She declined to disclose the identity of her source. In May 2010 the investigating authorities established that one I.P. had been connected to the database and had made several calls to the applicant’s phone number. I.P. was arrested in connection with the criminal proceedings. The same day the applicant’s home was searched, and a laptop, an external hard drive, a memory card, and four flash drives were seized after a search warrant was drawn up by the investigator and authorised by a public prosecutor.
Law – Article 10: The seized data storage devices contained not only information capable of identifying the journalist’s source of information but also information capable of identifying her other sources of information. Accordingly, the search at the applicant’s home and the information capable of being discovered therefrom came within the sphere of protection under Article 10. There had been interference with the applicant’s freedom to receive and impart information which interference was prescribed by law and pursued the aims of preventing disorder or crime and of protecting the rights of others.
The search warrant was drafted in such vague terms as to allow the seizure of ‘any information’ pertaining to the offence allegedly committed by the journalist’s source and was issued under the urgent procedure by an investigator faced with the task of classifying the crime allegedly committed by I.P. and establishing the applicant’s role. These reasons were not, however, ‘relevant’ and ‘sufficient’ and did not correspond to a ‘pressing social need’.
The subject-matter on which the applicant reported and in connection with which her home was searched made a twofold contribution to a public debate: keeping the public informed about the salaries paid in the public sector at a time of economic crisis and about the database of the VID which had been discovered by her source. Although it was true that the actions of her source were subject to a pending criminal investigation, the right of journalists not to disclose their sources could not be considered a mere privilege to be granted or taken away depending on the lawfulness or unlawfulness of their sources, but was part and parcel of the right to information, to be treated with the utmost caution.
When, three months after the broadcast, the investigating authorities decided that a search of the applicant’s home was necessary, they proceeded under the urgent procedure without any judicial authority having properly examined the proportionality between the public interest in the investigation and the protection of the journalist’s freedom of expression. According to the national law, such a search could be envisaged only if delay might allow relevant documents or objects to be destroyed, hidden or damaged or the suspect to abscond. The ground given for an urgent search in the warrant was ‘to prevent the destruction, concealment or damaging of evidence’ without further explanation. Information was acquired linking the applicant to I.P. in her capacity as a journalist. The applicant’s last communication with I.P. was on the day of the broadcast. In these circumstances, only weighty reasons could have justified the urgency of the search. However, the assessment was carried out by the investigating judge on the day following the search and the judges who subsequently examined the applicant’s complaint against the investigating judge’s decision confined themselves to finding that the search did not relate to the journalist’s sources at all without weighing up the conflicting interests.
Although the investigating judge’s involvement in an immediate post factum review was provided for in the law, he failed to establish that the interests of the investigation in securing evidence were sufficient to override the public interest in the protection of the journalist’s freedom of expression, including source protection and protection against the handover of the research material. The court’s reasoning concerning the perishable nature of evidence linked to cybercrimes in general could not be considered sufficient, given the investigating authorities’ delay in carrying out the search and the lack of any indication of the impending destruction of evidence. Nor was there any suggestion that the applicant was responsible for disseminating personal data or implicated in the events other than in her capacity as a journalist; she remained ‘a witness’ for the purposes of these criminal proceedings. In sum, he domestic authorities had failed to give ‘relevant and sufficient’ reasons for the interference complained of.
Conclusion: violation (unanimously).
Article 41: EUR 10,000 in respect of non-pecuniary damage.

73469/10 – Legal Summary, [2013] ECHR 781
Bailii
European Convention on Human Rights
Human Rights
Cited by:
Legal SummaryNagla v Latvia ECHR 16-Jul-2013
. .
Legal SummaryNagla v Latvia ECHR 3-Jul-2012
. .

Lists of cited by and citing cases may be incomplete.

Media

Updated: 20 November 2021; Ref: scu.515137

Attorney-General v Newspaper Publishing plc: CA 1987

The court explained the common law basis of the law of contempt of court. Lloyd LJ said: ‘Since the test of contempt is not a breach of the order but interference with the administration of justice, it follows that at common law a contempt may be committed if no specific order has been made by the court affecting anyone other than those involved in the proceedings. At common law, if the court makes an order regulating its own procedure and the purpose of the order is plainly to protect the administration of justice, then anyone who subverts that order will be guilty of contempt’.
There was no room for a state of mind which fell short of intention. Lloyd LJ said: ‘ . . that intent may exist, even though there is no desire to interfere with the course of justice. Nor need it be the sole intent. It may be inferred, even though there is no overt proof. The more obvious the interference with the course of justice, the more readily will the requisite intent be inferred.’
Sir Donaldson said of an application for contempt against a third party that: ‘I should like to emphasise with all the power at my command that this case is not primarily about national security or official secrets. It is about the right of private citizens and public authorities to seek and obtain the protection of the courts for confidential information which they claim to be their property’
Lord Donaldson MR set out the intent required to be shown: ‘. . the power of the court to commit for contempt where the conduct complained of is specifically intended to impede or prejudice the administration of justice. Such an intent need not be expressly avowed or admitted, but can be inferred from all the circumstances, including the foreseeability of the consequences of the conduct. Nor need it be the sole intention of the contemnor. An intent is to be distinguished from motive or desire . .’

Lloyd LJ, Lord Donaldson MR
[1988] Ch 333, [1987] 3 All ER 276, [1987] 3 WLR 942
England and Wales
Cited by:
CitedX and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
CitedSteen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another CA 23-Mar-2001
The appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor.
Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the . .
CitedHM Attorney General v Davey Admn 29-Jul-2013
The Attorney general sought the committal of the defendants for contempt of court alleging their misbehaviour as jurors. One had posted to a facebook account about the trial and lied about it to the judge. The second, in a different trial, had . .
CitedHM Solicitor General v Cox and Another QBD 27-May-2016
Applications for committal of the defendants for having taken photographs of court proceedings when their friend was being sentenced for murder and publishing them on Facebook. The SG urged that the offences had aggravating features taking the . .

Lists of cited by and citing cases may be incomplete.

Media, Contempt of Court

Updated: 16 November 2021; Ref: scu.245989

Nagla v Latvia: ECHR 16 Jul 2013

73469/10 – Chamber Judgment, [2013] ECHR 688
Bailii
European Convention on Human Rights
Human Rights
Citing:
Legal SummaryNagla v Latvia (LS) ECHR 16-Jul-2013
ECHR Article 10-1
Freedom to impart information
Freedom to receive information
Urgent search at journalist’s home involving the seizure of data storage devices containing her sources of . .

Cited by:
JudgmentNagla v Latvia ECHR 3-Jul-2012
. .

Lists of cited by and citing cases may be incomplete.

Media

Updated: 15 November 2021; Ref: scu.512417

Peck 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 of the CCTV system, of the police and otherwise. Only in later versions was his identity protected.
Held: The disclosure infringed his rights of privacy: ‘Private life is a broad term not susceptible to exhaustive definition. The court has already held that elements such as gender identification, name, sexual orientation and sexual life are important elements of the personal sphere protected by Art. 8. The Article also protects a right to identity and personal development, and the right to establish and develop relationships with other human beings and the outside world and it may include activities of a professional or business nature. There is, therefore, a zone of interaction of a person with others, even in a public context, which may fall within the scope of ‘private life’.’ The distribution of the footage without appropriate conditions to protect his privacy, infringed article 8. The distribution generated far more publicity than would have arisen otherwise, and was a serious breach. There were no relevant or sufficient reasons for the publicity. The English legal system had not afforded him a remedy, infringing also his article 13 rights.

Times 03-Feb-2003, 44647/98, (2003) 36 EHRR 41, [2003] ECHR 44, [2003] 36 EHRR 719, [2011] ECHR 1661
Worldlii, Bailii, Bailii
European Convention on Human Rights 8 13
Cited by:
CitedWainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
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 . .
CitedCountryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
CitedEnergy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
CitedBritish 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 . .
CitedMcKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
CitedMurray 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 . .
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 . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .
CitedMarper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Leading Case

Updated: 11 November 2021; Ref: scu.178834

Tv 2/Danmark v Commission (State Aid) T-336/04: ECFI 22 Oct 2008

Europa State aid Measures implemented by the Danish authorities for the public broadcaster TV2 to finance its public service remit – Measures classified as State aid partly compatible and partly incompatible with the common market – Actions for annulment – Admissibility Interest in bringing proceedings Rights of the defence – Public broadcasting service – Definition and financing – State resources – Obligation to state the reasons on which the decision is based – Obligation to examine.

T-336/04, [2008] EUECJ T-336/04
Bailii
European

Media

Updated: 11 November 2021; Ref: scu.277133

Goodwin v News Group Newspapers Ltd: QBD 27 May 2011

An associated claimant alleged contempt against another newspaper for publishing matters so as to defeat the purposes of a privacy injunction granted to her.
Held: Even though the principle claimant had been subsequenty identified with the consent of the court, the order as regards the second claimant remained in place. It was said that the Daily Mail’s article released many items of further information to identify her. False information deliberately given had other purposes, and in practice had also been damaging. However, there no purpose would be served in the court referring the matter to the Attorney-General for contempt. The claimant herself had this power, and the A-G had power to act of his own motion.

Tugendhat J
[2011] EWHC 1341 (QB)
Bailii
England and Wales
Citing:
See AlsoMNB v News Group Newspapers Ltd QBD 9-Mar-2011
The defendant resisted an order preventing disclosure of information said by the claimant to be private.
Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. . .
CitedLord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
See AlsoGoodwin v News Group Newspapers Ltd QBD 23-May-2011
The claimant had obtained orders restricting publication by the defendant of stories of his relationship with a woman. The order had also restrained publication of their names. The names had since been revealed under parliamentary prvilege, and the . .

Cited by:
See AlsoGoodwin v NGN Ltd and VBN QBD 9-Jun-2011
goodwin_ngn4QBD11
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 . .

Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice, Contempt of Court

Updated: 11 November 2021; Ref: scu.440245

Carrefour Hypermarches SAS v ITM Alimentaire International SASU: ECJ 8 Feb 2017

Misleading adverts in Europe

(Judgment) Reference for a preliminary ruling – Comparative advertising – Directive 2006/114/EC – Article 4 – Directive 2005/29/EC – Article 7 – Objective price comparison – Misleading omission – Advertising comparing the prices of goods sold in shops having different sizes or formats – Permissibility – Material information – Degree of communication of information and the medium for communication of that information

C-562/15, [2017] EUECJ C-562/15
Bailii
Directive 2005/29/EC 7
European

Media

Updated: 11 November 2021; Ref: scu.573894

CTB v News Group Newspapers Ltd and Another (1): QBD 16 May 2011

ctb_newsQBD11

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 there was any proper public interest in the proposed publication, and balancing the article 10 and 8 rights on the facts of the case, the injunction should continue.
Eady J denied any recent creation of a right of privacy by the courts, saying: ‘The courts are required to carry out a balancing exercise between competing Convention rights, as was always overtly acknowledged by the government prior to the enactment of the Human Rights Act 1998. It was, for example, explained by the then Lord Chancellor, Lord Irvine, when the bill was before the House of Lords on 24 November 1997 (Hansard, HL Debates, Col.785). He said that any privacy law developed by the judges following the enactment would be a better law because they would have to balance and have regard to both Article 8 and Article 10 (as indeed has been happening over the last decade). When the statute came into effect in October 2000, it explicitly required the courts to take into account Strasbourg jurisprudence when discharging those responsibilities.
Despite this long history, it has for several years been repeatedly claimed in media reports that courts are ‘introducing a law of privacy by the back door’. Yet the principles have long been open to scrutiny. They are readily apparent from the terms of the Human Rights Act, and indeed from the content of the European Convention itself. Furthermore, they were clearly expounded seven years ago in two decisions of the House of Lords which was, of course, at that time the highest court in this jurisdiction: Campbell v MGN Ltd [2004] 2 AC 457 and Re S (A Child) [2005] 1 AC 593.
Since those decisions were promulgated in 2004, the law has been loyally applied by the courts in a wide variety of circumstances and exhaustively explained in numerous appellate judgments. ‘

Eady J
[2011] EWHC 1232 (QB)
Bailii
European Convention on Human Rights 8 10
Citing:
CitedAmbrosiadou v Coward CA 12-Apr-2011
The claimant appealed against a refusal to continue an injunction restricting publication of documents filed within divorce ancillary relief proceedings. . .
CitedNtuli v Donald CA 16-Nov-2010
The defendant sought the discharge of a super-injunction, an order against not only the identification of the parties, but also the existence of the proceedings.
Held: The order preventing publication of the underlying allegations remained, . .
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, . .
AppliedJIH 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, . .
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 . .
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 . .
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 . .
CitedLord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
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 . .
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 . .
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 . .
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 . .
CitedASG v GSA CA 21-Aug-2009
Appeal against refusal of a without notice injunction preventing publication of information said to be confidential. . .
CitedHM Attorney General v Seckerson and Times Newspapers Ltd Admn 13-May-2009
The first defendant had been foreman of a jury in a criminal trial. He was accused of disclosing details of the jury’s votes and their considerations with concerns about the expert witnesses to the second defendant. The parties disputed the extent . .
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 . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .
CitedX and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
CitedRegina v Broadcasting Complaints Commission Ex Parte Granada Television Ltd CA 16-Dec-1994
The Broadasting Complaints Commission had been established to determine questions of privacy, and the courts should be slow to intervene. The right of privacy of an individual had not been lost by past publicity. That privacy had been infringed by . .
CitedMosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
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 . .
CitedVenables and Thompson v News Group Newspapers and others QBD 8-Jan-2001
Where it was necessary to protect life, an order could be made to protect the privacy of individuals, by disallowing publication of any material which might identify them. Two youths had been convicted of a notorious murder when they were ten, and . .
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 . .

Cited by:
See AlsoCTB v News Group Newspapers Ltd and Another (3) QBD 23-May-2011
ctb_ngn4QBD11
The defendant applied to be released from an injunction protecting the claimant’s privacy. It said that the claimant’s identity had been revealed on Twitter and now by a member of parliament in parliament.
Held: The application was refused. . .
See AlsoCTB v News Group Newspapers Ltd and Thomas (2) QBD 23-May-2011
ctb_ngn2QBD11
The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. . .
CitedOPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 11 November 2021; Ref: scu.439743

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter.
Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party or third party the Court is to conduct the balancing exercise and process of parallel analysis in Campbell as elaborated in re S. Whilst the principle of open justice is important in civil proceedings concerning children, the need for the protection of children from publicity in the course of proceedings which concern them, was long ago recognised at common law in Scott v Scott, and is provided for in the statutory provisions as to identification.
In this case all the issue related to the child. The sole purpose of the media interest was in the celebrity of the parents. The press should be excluded.

Sir Mark Potter, President
[2009] EWHC 1728 (Fam), Times 27-Jul-2009, [2009] Fam Law 930, [2009] EMLR 26
Bailii
Family Proceedings Rules 1991 (1991 No. 1247) 10.28(4), Administration of Justice Act 1960 12(1), Children Act 1989 97(2), Children and Young Persons Act 1933 39(1), European Convention on Human Rights 8 10
England and Wales
Citing:
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 . .
CitedMoser v Austria ECHR 2006
The applicant’s son had been taken into care by a public authority. The family complained that the proceedings had been held in secret.
Held: There had been a breach of Article 6, inter alia on the ground that the hearing had not been in . .
CitedA Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
CitedB v The United Kingdom; P v The United Kingdom ECHR 2001
The provisions of rule 4.16(7) providing for confidentiality in children proceedings were Convention compliant: ‘such proceedings are prime examples of cases where the exclusion of the press and public may be justified in order to protect the . .
CitedP v BW (Children Cases: Hearings in Public) FD 2003
The applicant sought a joint residence order, and for a declaration that the rules preventing such hearings being in public breached the requirement for a public hearing.
Held: Both FPR 1991 rule 4.16(7) and section 97 are compatible with the . .
CitedAllan v Clibbery (1) CA 30-Jan-2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed . .
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 . .
CitedRegina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
CitedC v Crown Prosecution Service Admn 8-Feb-2008
The court considered the practice of hearing submissions from the media in relation to reporting restrictions.
Held: Thomas LJ rejected the submission that, in conducting the Re S balancing exercise the Court should have regard to the public . .
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 . .
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 . .
CitedHandyside v The United Kingdom ECHR 7-Dec-1976
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 . .

Lists of cited by and citing cases may be incomplete.

Children, Media, Human Rights

Updated: 11 November 2021; Ref: scu.349067

ITV Broadcasting and Others v TVCatchup Limited (in administration): ECJ 1 Mar 2017

No European Law excuse for live streaming breach

ECJ (Judgment) Reference for a preliminary ruling – Directive 2001/29/EC – Harmonisation of certain aspects of copyright and related rights in the information society – Article 9 – Access to cable of broadcasting services – Concept of ‘cable’ – Retransmission of broadcasts of commercial television broadcasters by a third party via the internet – ‘Live streaming’

T von Danwitz (Rapporteur) P
ECLI:EU:C:2017:144, [2017] EUECJ C-275/15, [2017] WLR(D) 141
Bailii, WLRD
European

Intellectual Property, Media

Updated: 11 November 2021; Ref: scu.579678

ZXC v Bloomberg Lp: QBD 23 Feb 2017

Investigation of claimant was properly disclosed

The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised.
Held: The weight to be attached to the Defendant’s art 10 rights here comfortably outweighed the Claimant’s article 8 rights. In those circumstances, the claim based on Art 8 and the Claimant’s expectation of privacy failed. Moreover, the defence under section 32 was such that the Claimant could not show that he was likely to succeed in overcoming that defence: ‘the decision to refer to the Claimant in the article was taken after careful consideration of the relevant circumstances, including the public interest in the disclosure of the Claimants involvement. In my judgment, it is clear that the Defendant as data controller believed, and believed on reasonable grounds, that publication would be in the public interest.’
The fact that ERY proceeded from a concession meant it was only weak support for the existence of such an expectation, but rejected a submission by the defendant that there was a blanket rule against it – it was a fact sensitive question. He identified a number of features in that case (including the confidentiality of the document and the fact that it came into the hands of the defendant via an unauthorised leak) which led him to the conclusion that the claimant would reasonably have expected that the document: ‘would remain private to the law enforcement agency and the other party receiving it’

Garnham J
[2017] EWHC 328 (QB), [2017] EMLR 21
Bailii
Civil Procedure Rules 39.2, European Convention on Human Rights 6 8 10, Date Protection Act 1998 32
England and Wales
Citing:
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 . .

Cited by:
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 . .
See AlsoZXC v Bloomberg LP QBD 17-Apr-2019
Claim for misuse of private information. The central issue is whether the Claimant can have a reasonable expectation of privacy in information that relates to a criminal investigation into his activities. . .

Lists of cited by and citing cases may be incomplete.

Information, Human Rights, Media

Updated: 11 November 2021; Ref: scu.577510

Doctor 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 restricting further identification. The professionals feared that their readiness to act as experts would be reduced if their identities were made public.
Held: The stays were lifted. The case raised issues as to the extent of information restricted under section 12 of the 1960 Act. Not all information about the child is within the scope of section 12, only information ‘relating to’ the proceedings. Moreover it is equally clear that information does not ‘relate to’ the proceedings merely because it is information communicated to the court or contained in documents put before the court.
However,’the fact that a document is for some other reason already confidential no more brings it within the scope of section 12 merely because it is lodged with the court or annexed to a witness statement or report than would be so with a document lacking the quality of intrinsic confidentiality. What brings a document within the scope of section 12 depends not on whether it is otherwise or already confidential but whether it is ‘information relating to [the] proceedings.’ ‘ and
‘one has to distinguish between, on the one hand, the mere publication of a fact (fact X) and, on the other hand, the publication of fact X in the context of an account of the proceedings, or the publication of the fact (fact Y) that fact X was referred to in the proceedings or in documents filed in the proceedings. The publication of fact X may not be a breach of section 12; the publication of fact Y will be a breach of section 12 even if the publication of fact X alone is not.’
Since no order had been made, decisions about what was in the children’s best interests remained primarily with the parents.
As to the risk to the expert witnesses, Munby J said: ‘neither the risks of targeting, harassment and vilification (which I accept are made out to a certain extent) nor the consequential risks of a flight of experts from child protection work (which again I accept are made out to a certain, though I think more limited, extent) are such as to the demonstrate the ‘pressing need’ which alone could begin to counter-balance what in my judgment are the powerful arguments, the very powerful arguments, founded in the public interest, for denying expert witnesses anonymity.’

Munby J
[2010] EWHC 16 (Fam)
Bailii
Administration of Justice Act 1960 12(1)(a), European Convention on Human Rights 8
England and Wales
Citing:
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 . .
See alsoBritish 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 . .
CitedClayton v Clayton CA 27-Jun-2006
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified.
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 . .
See alsoN (A Child), Re; A v G (Family Proceedings: Disclosure) FD 8-Jul-2009
Application in respect of the proposed disclosure to the General Medical Council (GMC) of an expert report produced in the course of and for the purposes of proceedings in relation to a child. . .
CitedIn Re G (A Minor) (Social Worker: Disclosure) CA 14-Nov-1995
A social worker may relate oral admissions made by parents to him to the police without first getting a court’s permission.
Butler-Sloss LJ said: ‘I would on balance and in the absence of argument give the more restrictive interpretation to r . .
CitedIn re Martindale 1894
Miss Martindale was made a ward of court on 11 April 1894. Knowing that she was a ward of court a young poet and novelist named Ford Madox Hueffer – later known as Ford Madox Ford – married her in May 1894. On 1 June 1894 North J granted an . .
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 . .
CitedIn re S (Minors) (Wardship: Police Investigation); Re S (Minors) (Wardship: Disclosure of Material) FD 1987
Local authority case records and a verbatim extract from the case records which had been exhibited to an affidavit from a social worker had been disclosed.
Held: Booth J asked as to the case records: ‘whether the words in the section . .
CitedIn Re W (Minors) (Social Worker: Disclosure); Re W (Disclosure to Police) CA 26-Mar-1998
A social worker may disclose admissions made during investigation into child abuse, to the police without the court’s permission, where the information had not been incorporated in the welfare report filed at the court. The rule (against disclosure) . .
CitedRe M (Disclosure: Children and Family Reporter) CA 31-Jul-2002
The question arose as to whether a Cafcass officer acting as a children and family reporter (CFR) in private law proceedings required the permission of the court before referring to the local authority’s social services department for further . .
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 . .
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 . .
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 . .
CitedBrown v Matthews CA 1990
There is a public interest in encouraging the frank and ready co-operation from people as diverse as doctors, school teachers, neighbours, the child in question, the parents themselves, and other close relations, including other children in the same . .
CitedRochdale 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 . .
CitedRegina v Felixstowe Justices ex parte Leigh CA 1987
The court considered the importance of the role played by the media in attending and reporting court proceedings. Watkins LJ said: ‘The role of the journalist and his importance for the public interest in the administration of justice has been . .
CitedMedway Council v G and others FD 18-Jul-2008
The court considered the extent of publicity for a case where the local authority was to be criticised. . .
CitedNorfolk County Council v Webster and others FD 17-Nov-2006
There had been care proceedings following allegations of physical child abuse. There had been a residential assessment. The professionals accepted the parents’ commitment to their son, but also found that they were unreliable. It was recommended . .
CitedIn re Manda CA 1993
A wardship court can extend its protection beyond the age of majority where a public interest was identified that required it. Whilst those who give evidence in child proceedings can normally assume that their evidence will remain confidential, they . .
CitedMoser v Austria ECHR 2006
The applicant’s son had been taken into care by a public authority. The family complained that the proceedings had been held in secret.
Held: There had been a breach of Article 6, inter alia on the ground that the hearing had not been in . .
CitedIn 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 . .
CitedRe X; Barnet London Borough Council v Y and Z FD 2006
The judge refused to endorse a local authority’s care plan, and invited the local authority to reconsider it. He criticised the local authority for taking an important decision in pending care proceedings without any warning to the guardian and . .
CitedIn Re C (A Minor) (Care Proceedings: Disclosure); Re EC (Disclosure of Material) CA 22-Oct-1996
Guidance was to the courts on disclosure of care proceedings statements etc to police. But for section 12 it would have been contempt of court to have disclosed to the police matters before the children’s court. . .
CitedBritish 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 . .
CitedRe L (Care: Assessment: Fair Trial) FD 2002
The court emphasised the need, in the interests not merely of the parent but also of the child, of a transparently fair and open procedure at all stages of the care process, including the making of documents openly available to parents.
Munby . .
CitedRe X (Disclosure of Information) FD 2001
There cannot be an expectation that expert evidence given in a children’s court will always stay confidential. The various aspects of confidentiality will have greater or lesser weight on the facts of each case. Munby J: ‘Wrapped up in this concept . .

Cited by:
See alsoDoctor A and Others v Ward and Another FD 9-Feb-2010
. .

Lists of cited by and citing cases may be incomplete.

Media, Children, Human Rights

Updated: 11 November 2021; Ref: scu.396650

Sugar v British Broadcasting Corporation and Another: HL 11 Feb 2009

The Corporation had commissioned a report as to its coverage of Middle East issues. The claimant requested a copy, and the BBC refused saying that the report having been obtained for its own journalistic purposes, and that it was not covered by the 2000 Act. The claimant appealed against a confirmation by the CA that neither the Information Commissioner nor the Information Tribunal had jurisdiction to order the release of the report.
Held: The appeal succeeded. The request was necessarily made to the BBC as a public authority. It was wrong to treat it as a request to a non-public authority because of the nature of the document. The Information Commissioner therefore did have the jurisdiction to test whether the document was held for the purposes of journalism, and an appeal against his decision to the High Court. The case was remitted for this purpose. (Lord Hoffmann and Lady Hale dissenting)

Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury
[2009] UKHL 9, Times 12-Feb-2009, [2009] 1 WLR 430, [2009] 4 All ER 111, [2009] EMLR 254, [2009] All ER (D) 101
Bailii, HL
Freedom of Information Act 2000
England and Wales
Citing:
At First InstanceBritish Broadcasting Corporation v Sugar and Another Admn 27-Apr-2007
The applicant sought publication of a report prepared for the respondent as to the even handedness of its reporting of matters in the middle east. The BBC had refused saying that the release of the report would have direct impact on its ability to . .
Appeal fromSugar and Another v British Broadcasting Corporation (BBC) CA 25-Jan-2008
The court upheld Davis J’s decision that neither the Commissioner nor the Tribunal had had any jurisdiction to entertain Mr Sugar’s challenges to the BBC’s refusal to disclose the Balen report. . .
CitedWatt (Formerly Carter) v Ahsan HL 21-Nov-2007
The claimant was a Pakistani member of the Labour Party. He had sought selection as parliamentary candidate, but allegations had been made about behaviour of members in the Pakistani community in his ward and the local party had been suspended. A . .
CitedEdwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
CitedMoyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
CitedRegina v Kensington and Chelsea (Royal) London Borough Rent Officer, Ex parte Noel 1978
A rent officer can investigate whether a tenancy is protected by the Rent Act 1977 in order to decide whether he has jurisdiction to fix the rent. . .
At ITSugar v Information Commissioner IT 29-Aug-2006
IT At this preliminary hearing the Tribunal finds that at the time of the request made by Mr Sugar to the BBC for a copy of the Balen Report it was held for purposes other than those of journalism, art or . .
At ITSugar v Information Commissioner IT 29-Aug-2006
The Preliminary Issue before the Information Tribunal
The Tribunal decided on 2 March 2006, under its rule 10 procedure (summary disposal of appeals – The Information Tribunal (Enforcement Appeals) Rules 2005 (the Rules), in the absence of the . .
CitedRegina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .

Cited by:
At HLBritish Broadcasting Corporation v Sugar and Another Admn 2-Oct-2009
Disclosure was sought of a report prepared by the BBC to assess the balance of its coverage of middle east affairs. The BBC said that the information was not held for purposes other than those of journalism, art or literature. One issue was whether . .
At HLSugar v Information Commissioner IT 14-May-2009
. .
At HLSugar v The British Broadcasting Commission and Another (No 2) CA 23-Jun-2010
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed . .
At HLSugar v British Broadcasting Corporation and Another (2) SC 15-Feb-2012
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance.
Held: The appeal failed. Where the report was prepared even if only . .
AppliedClarkson v Information Commissioner FTTGRC 18-Dec-2013
The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 – application of journalism exception – claim struck out. . .

Lists of cited by and citing cases may be incomplete.

Information, Media

Leading Case

Updated: 11 November 2021; Ref: scu.293986

Handyside v The United Kingdom: ECHR 7 Dec 1976

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 teach school children about sex, including recommending the use of pornography.
Held: The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a ‘democratic society’. Freedom of expression, as protected by Art 10(1), is one of the essential foundations of a democratic society. Freedom of speech was not applicable only to inoffensive material, but also extends to protect activity in the nature of protests which others may find shocking, disturbing, or offensive: ‘Such are the demands of that pluralism, tolerance and broad-mindedness without which there is no democratic society.’
The right to freedom of expression includes the right to ‘offend, shock and disturb.’
However: ‘it is not possible to find in the domestic law of the various contracting states a uniform European conception of morals. The views taken by their respective laws of the requirements of morals varies from time to time and from place to place, especially in our era which is characterised by a rapid and far-reaching evolution of opinions on the subject. By reason of their direct and continuous contact with the vital forces of their countries, state authorities are in principle in a better position than the international judge to give an opinion on the exact content of these requirements as well as on the ‘necessity’ of a ‘restriction’ or ‘penalty’ intended to meet them.’

5493/72, (1976) 1 EHRR 737, [1976] ECHR 5
Worldlii, Bailii
European Convention on Human Rights 1 10, Obscene Publications Act 1959, Obscene Publications Act 1964
Human Rights
Cited by:
CitedBenjamin, 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 . .
CitedRedmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . .
CitedPercy v Director of Public Prosecutions Admn 21-Dec-2001
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, . .
CitedGoldstein, Rimmington v Regina CACD 28-Nov-2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an . .
CitedNilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another Admn 19-Dec-2003
The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression.
Held: Such an action by the prison authorities was not incompatible . .
CitedEvans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
CitedDow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
CitedInterfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
CitedAxon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
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 . .
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 . .
CitedRegina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
CitedDavid Wilson v Procurator Fiscal, Glasgow HCJ 2-Sep-2005
. .
CitedDehal v Crown Prosecution Service Admn 27-Sep-2005
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a . .
CitedAxon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
CitedNorris v United States of America and others; (Goldshield Group plc intervening) Admn 25-Jan-2007
The defendant was the former chief executive of a company manufacturing carbon products internationally. His extradition to the US was sought on the basis that he had conspired in a dishonest price-fixing conspiracy.
Held: The secrecy of such . .
CitedMoss and Coleman Solicitors v Kordowski Nom 1-Feb-2007
The claimant solicitors sought transfer to them of a domain name registered by the defendant using their name and criticising them. . .
CitedConnolly v Director of Public Prosecutions Admn 15-Feb-2007
The defendant appealed against her conviction under the Act for having sent indecent or grossly offensive material through the post in the form of pictures of an aborted foetus sent to pharmacists. She denied that they were offensive, or that she . .
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 . .
CitedBysermaw Properties Ltd v Revenue and Customs SCIT 8-Nov-2007
SCIT Penalties for failure to file an end of year return of subcontractors by the due date – section 98A TMA 1970 – whether calculation of penalty in Appellant’s case in breach of Article 1 Protocol 1 of the . .
CitedAG (Eritrea) v Secretary of State for the Home Department CA 20-Nov-2007
The threshold requirement referable to the nature of the consequences was ‘not a specially high one’
Sedley LJ discussed the Huang case: ‘The effect of their Lordships’ decision (and, if we may say so, the intended effect of this court’s . .
CitedOfulue and Another v Bossert CA 29-Jan-2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
CitedGillies v Procurator Fiscal, Elgin HCJ 1-Oct-2008
The police went to the defendant’s flat to find her boyfriend. She refused them access, but when they saw him, the police officers called out that he was under arrest under the 1995 Act, and forced their way past the door and the defendant. The . .
CitedDonaldson, Re Judicial Review CANI 3-Apr-2009
. .
CitedChild X (Residence and Contact- Rights of Media Attendance) (Rev 2) FD 14-Jul-2009
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter.
Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude . .
CitedSRM Global Master Fund Lp and Others v Her Majesty’s Treasury CA 28-Jul-2009
The claimants appealed rejection of their claim for compensation as shareholders on the rescue of Northern Rock plc. . .
CitedNovartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty (‘SHAC’) and Others QBD 30-Oct-2009
. .
CitedBayer Cropscience Ltd and Another v Stop Huntingdon Cruelty (‘SHAC’) and Others QBD 22-Dec-2009
. .
CitedGaunt 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 . .
CitedWhaley, Friend v The Lord Advocate for Judicial Review of the Protection of Wild Mammals (Scotland) Act 2002 SCS 20-Jun-2003
. .
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 . .
CitedPS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others Admn 10-Oct-2003
The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs.
Held: This was an exceptional case requiring . .
CitedAdams, Murray, Holman-Baird, Plummer, The Fife Hunt, Campbell Gilmour, the Chairman and Master thereof the Buccleuch Hunt Supports Club and others v Scottish Ministers OHCS 28-May-2004
. .
CitedPabari v Secretary of State for Work and Pensions-And-Nilesh Pabari CA 10-Nov-2004
Housing Costs as part of child support assessment. The court considered the interpretation of the word ‘necessary’, saying that the Court must not qualify the word ‘necessary’ by reference to what might be regarded as reasonable. The word . .
CitedB, Regina (on the Application of) v Dr SS and others Admn 31-Jan-2005
The claimant was a mental patient detained for a bipolar dis-order after convictions for rape. . .
CitedMcLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another CA 16-Oct-2001
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights.
Held: Review was . .
CitedRegina v Perrin CACD 22-Mar-2002
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the . .
CitedAdams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
CitedN, Regina (On the Application of) v M and Others Admn 24-Sep-2002
The patient challenged the decision of her doctors to administer anti-psychotic medicine for the prevention or for the alleviation of her psychotic illness, to which she did not consent. . .
CitedHadiova v Secretary of State for the Home Department CA 9-May-2003
. .
CitedFerdinand v MGN Limited QBD 29-Sep-2011
fedinand_mgnQBD2011
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 . .
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 . .
CitedCity of London v Samede and Others QBD 18-Jan-2012
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either . .
CitedSeckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
CitedKirk Session of Sandown Free Presbyterian Church, Re Judicial Review QBNI 22-Mar-2011
Ban on Gay Condemnation was Infringement
The church claimant was prohibited by the ASA from publishing a one page advert in a national newspaper condemning homosexuality. As well as stating that ‘the act of sodomy is a grave offence’ and ‘an abomination’, the banned advert had encouraged . .
CitedCore Issues Trust v Transport for London Admn 22-Mar-2013
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to . .
CitedOtto-Preminger-Institut v Austria ECHR 20-Sep-1994
Balance of Religious Tolerance and Freedom
The Institut operated a cinema. It announced a showing of a film ‘Das Liebenconzil’. Proceedings were brought against it, on complaint by the Roman Catholic Church, in which it was accused of ‘disparaging religious doctrine’. The film was seized . .
FollowedMarckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
CitedRecovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales) SC 9-Feb-2015
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered.
Held: The Bill fell outside the legislative competence . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Leading Case

Updated: 11 November 2021; Ref: scu.164876

In re P (A Child): FD 17 Dec 2013

A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She had had two previous births by caesarian section, and the doctors view was that a natural birth carried very serious risks and they had obtained an order that the child be born by caesarian. Later the Council had obtained a care order for the child thus born, and then an order freeing her for adoption. The mother continued to fight for the return of her child.
Held: The court noted the extent of incorrect and uninformed comment on the case, but noted also that given the privacy attached to such proceedings under the rules and traditionally, such misinformation was in part at least understood.
Given the extremes faced by the mother she had a right to speak out.
Munby P made again points made in earlier cases: ‘First, that ‘It is not the role of the judge to seek to exercise any kind of editorial control over the manner in which the media reports information which it is entitled to publish’. Second, that ‘Comment and criticism may be ill-informed and based, it may be, on misunderstanding or misrepresentation of the facts [but the] fear of such criticism, however justified that fear may be, and however unjustified the criticism, is . . not of itself a justification for prior restraint by injunction of the kind being sought here, even if the criticism is expressed in vigorous, trenchant or outspoken terms . . or even in language which is crude, insulting and vulga”. Third, that ‘It is no part of the function of the court exercising the jurisdiction I am being asked to apply to prevent the dissemination of material because it is defamatory . . If what is published is defamatory, the remedy is an action for defamation, not an application in the Family Division for an injunction.”

Sir James Munby P
[2013] EWHC 4048 (Fam)
Bailii
England and Wales
Citing:
See AlsoRe P FD 13-Dec-2013
A local council applied for a reporting restriction order in the context of a case as to which there had been substantial public discussion and conflict.
Held: As to the child involved: ‘the arguments in favour of the continuing anonymisation . .
CitedRe B-S (Children) CA 17-Sep-2013
The mother had been refused leave to oppose her child’s adoption. She now appealed.
Held: A court facing such an application faced two questions: Has there been a change in circumstances? If not, that is the end of the matter. If yes, then the . .
CitedIn re P (A Child) Misc 1-Feb-2013
Chelmsford County Court – The court heard an application by the local authority for an order freeing a child for adoption. The mother suffered a continuing mental health condition but that was presently under control.
Held: The threshold . .
CitedIn re AA COP 23-Aug-2012
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric . .

Lists of cited by and citing cases may be incomplete.

Children, Media

Leading Case

Updated: 11 November 2021; Ref: scu.519043

Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012

The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance.
Held: The appeal failed. Where the report was prepared even if only in part for jurnalistic purposes, it was exempt from disclosure under the 2000 Act. Lord Wilson saying that where as in this case the journalistic purpose was predominant that was sufficient to take it outside the Act. The respondent was a public authority for the purpose of the Act only where an activity fell outside journalistic purposes. Once it was established that the information sought was held by the BBC to any significant degree for the purposes of journalism, it is exempt from production under Act, even if the information is also held for other purposes. The public purpose of disclosing information was balanced against a similar interest that journalistic organisations should not have their basic activities limited by the consequences of disclosure.

Lord Phillips, President, Lord Walker, Lord Brown, Lord Mance, Lord Wilson
[2012] UKSC 4, [2012] 1 WLR 439, [2012] EMLR 17, [2012] 2 All ER 509, [2012] WLR(D) 33
Bailii, Bailii Summary, SC, SC Summary
Freedom of Information Act 2000 7(1)
England and Wales
Citing:
At ITSugar v Information Commissioner IT 29-Aug-2006
IT At this preliminary hearing the Tribunal finds that at the time of the request made by Mr Sugar to the BBC for a copy of the Balen Report it was held for purposes other than those of journalism, art or . .
At ITSugar v Information Commissioner IT 29-Aug-2006
The Preliminary Issue before the Information Tribunal
The Tribunal decided on 2 March 2006, under its rule 10 procedure (summary disposal of appeals – The Information Tribunal (Enforcement Appeals) Rules 2005 (the Rules), in the absence of the . .
At First InstanceBritish Broadcasting Corporation v Sugar and Another Admn 27-Apr-2007
The applicant sought publication of a report prepared for the respondent as to the even handedness of its reporting of matters in the middle east. The BBC had refused saying that the release of the report would have direct impact on its ability to . .
See AlsoSugar and Another v British Broadcasting Corporation (BBC) CA 25-Jan-2008
The court upheld Davis J’s decision that neither the Commissioner nor the Tribunal had had any jurisdiction to entertain Mr Sugar’s challenges to the BBC’s refusal to disclose the Balen report. . .
At HLSugar v British Broadcasting Corporation and Another HL 11-Feb-2009
The Corporation had commissioned a report as to its coverage of Middle East issues. The claimant requested a copy, and the BBC refused saying that the report having been obtained for its own journalistic purposes, and that it was not covered by the . .
At ITSugar v Information Commissioner IT 14-May-2009
. .
CitedBritish Broadcasting Corporation v Sugar and Another Admn 2-Oct-2009
Disclosure was sought of a report prepared by the BBC to assess the balance of its coverage of middle east affairs. The BBC said that the information was not held for purposes other than those of journalism, art or literature. One issue was whether . .
Appeal fromSugar v The British Broadcasting Commission and Another (No 2) CA 23-Jun-2010
The respondent had had prepared a report as to the balance of its reporting of the Israeli-Palestinian conflict. Earlier proceedings had established that the purposes of the holding of the reporting included jurnalism. The claimant now appealed . .
CitedChohan v Saggar ChD 1992
Section 423(3) of the 1986 Act requires a plaintiff to show a dominant purpose to remove assets from the reach of actual or potential claimants or creditors, but not excluding the possibility that there might be other purposes behind the relevant . .
CitedPeach v Commissioner of Police of the Metropolis CA 1986
Statements made to the police about the death of Mr Blair Peach should be disclosed to his mother in her action against the police because, although they were made partly for the purpose of a complaint against the police and so would to that extent, . .
CitedCommon Services Agency v Scottish Information Commissioner IHCS 1-Dec-2006
The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified.
Held: Since the whole purpose of 2002 Act is the release of information, it should be . .
CitedWaugh v British Railways Board HL 12-Jul-1979
No Litigation Privilege without Dominant Purpose
An internal report had been prepared by two of the Board’s officers two days after a collision involving the death of a locomotive driver, whose widow brought the action and now sought its production.
Held: The court considered litigation . .
CitedRegina v Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd HL 1993
One bus company took over another, giving it an effective monopoly within the region. The Commission considered that the area involved was sufficiently substantial to cause concern that it may operate against the public interest. At first instance . .
CitedSecretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedRegina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .

Cited by:
BindingKennedy v Charity Commission CA 20-Mar-2012
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .

Lists of cited by and citing cases may be incomplete.

Information, Media

Updated: 11 November 2021; Ref: scu.451296

The British Broadcasting Corporation v Johns (HM Inspector of Taxes): CA 5 Mar 1964

The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review.
Held: It is not a statutory creature; it does not exercise statutory functions; it is not in any general way subject to statutory guidance. The traditional view of it is that it does not exercise a governmental function, and is therefore not subject to judicial review.
Counsel claimed for the government the right to grant a monopoly of broadcasting. LJ Diplock replied: ‘It is 350 years and a civil war too late for the Queen’s courts to broaden the prerogative. The limits within which the executive government may impose obligations or restraints upon citizens of the United Kingdom without any statutory authority are now well settled and incapable of extension. In particular, as respects monopolies the Crown’s claim to a general right to the monopoly of any activity was denied and circumscribed by the Statute of Monopolies, 1623. Today, save in so far as the power is preserved by the Statute of Monopolies, or created by other statutes, the executive government has no constitutional right either itself to exercise through its agents or to confer upon other persons a monopoly of any form of activity.’
and ‘The modern rule of construction of statutes is that the Crown, which today personifies the executive government of the country and is also a party to all legislation, is not bound by a statute which imposes obligations or restraints on persons or in respect of property unless the statute says so expressly or by necessary implication.’
As to whether a statute was binding on the Crown: ‘Since laws are made by rulers of the subjects, a general expression in a statute such as ‘any person’ descriptive of those on whom the statute imposes obligations or restraints is not to be read as including the ruler himself . . The modern rule of construction of statutes is that the Crown, which today personifies the executive Government of the country and is also a party to all legislation, is not bound by a statute which imposes obligations or restraints on persons or in respect of property unless the statute says so expressly or by necessary implication.’

Willmer LJ, Diplock LJ, Danckwerts LJ
[1965] Ch 32 CA, [1964] EWCA Civ 2, [1964] 41 TC 471, (1964) 43 ATC 38, [1964] 1 All ER 923, [1964] 2 WLR 1071, [1964] TR 45, [1964] RVR 579, [1964] 10 RRC 239
Bailii
England and Wales
Cited by:
CitedRegina v British Broadcasting Corporation, ex parte Referendum Party; Regina v Independent Television Commission, ex parte Referendum Party Admn 24-Apr-1997
The Referendum Party challenged the allocation to it of less time for election broadcasts. Under the existing agreements, having fielded over 50 candidates, they were allocated only five minutes.
Held: Neither the inclusion of past electoral . .
CitedOakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
CitedBancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Dictum adoptedRevenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool Admn 21-May-2014
The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the . .
CitedBlack, Regina (on The Application of) v Secretary of State for Justice Admn 5-Mar-2015
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells . .
CitedSecretary of State for Justice v Black CA 8-Mar-2016
The Secretary of State appealed against a declaration that the provisions prohibiting smoking in pubic places applied in prisons.
Held: The appeal succeeded. . .
CitedBlack, Regina (on The Application of) v Secretary of State for Justice SC 19-Dec-2017
The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006.
Held: However reluctantly, the claimant’s appeal was . .
CitedLord Advocate v Dumbarton District Council HL 1989
The House was asked whether the Ministry of Defence was entitled to cone off a section of the A814 road without the permission of the roads authority under the Roads (Scotland) Act 1984 or the local planning authority under the Town and Country . .

Lists of cited by and citing cases may be incomplete.

Media, Judicial Review, Income Tax

Leading Case

Updated: 10 November 2021; Ref: scu.181973

Mezvinsky 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. The defendants now sought the transfer of the case to the Queens Bench Division.
Held: There is concurrent jurisdiction between the two divisions for issuing a privacy claim. The creation of the Media and Communications List was not under the CPR: it is a means by which work that is already within the Queen’s Bench Division is allocated for its proper performance. The creation of the M and CL has no direct extra-divisional effect.’ The application was refused. It had been made in part on mistaken assumptions, and: ‘There is no basis for concluding that the Queen’s Bench Division M and CL is the appropriate, or the more appropriate, venue for this claim. Both the Business List (ChD) and the Queen’s Bench M and CL are appropriate. There are no good reasons to transfer the claim and disturb the legitimate choice made by the claimants at the point the claim was issued.’

Marsh CM
[2018] EWHC 1261 (Ch)
Bailii
Senior Courts Act 1981, Civil Procedure Rules 30
England and Wales
Citing:
CitedNATL Amusements (UK) Ltd and Others v White City (Shepherds Bush) Ltd Partnership and Another TCC 16-Oct-2009
Application for transfer of claim from QBD to TCC. Akenhead J considered an application to transfer a claim from the Chancery Division to the Technology and Construction Court. After reviewing the authorities, he said: ‘It is probably unnecessary to . .
CitedAppleby Global Group Llc v British Broadcasting Corporation and Another ChD 26-Jan-2018
Claim by international firm of lawyers for breach of confidence against publishers who had received and published that information. The court now considered which division of the High Court should hear the claim.
Held: Rose J considered the . .
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 . .
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 . .
CitedRocknroll 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 . .
CitedGulati and Others v MGN Limited ChD 21-May-2015
The claimants each claimed that their mobile phones had been hacked by or on behalf of the defendant newspaper group. The claims had now in substance been admitted, and the court set out to assess the damages (and aggravated damages) to be paid.
CitedAppleby Global Group Llc v British Broadcasting Corporation and Another ChD 26-Jan-2018
Claim by international firm of lawyers for breach of confidence against publishers who had received and published that information. The court now considered which division of the High Court should hear the claim.
Held: Rose J considered the . .
CitedCRE v Justis Publishing Ltd 20-Mar-2017
The defendant company published case law. The claimant’s case had been anonymised, but the defendant published a version of the judgment from which it was possible to identify him (or her). An order had been made to transfer the case to the County . .
CitedAli and Another v Channel 5 Broadcast Ltd ChD 22-Feb-2018
The claimants said that a filming of their eviction from property was an invasion of their privacy.
Held: The Claimants did have a reasonable expectation of privacy in respect of the information included in the Programme about which they . .

Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property, Information, Torts – Other, Human Rights, Litigation Practice

Updated: 10 November 2021; Ref: scu.616902

Citroen Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs eV: ECJ 7 Jul 2016

ECJ (Judgment) Reference for a preliminary ruling – Directives 98/6/EC and 2005/29/EC – Consumer protection – Advertisement containing an indication of price – Concepts of ‘offer’ and ‘price inclusive of taxes’ – Obligation to include in the price of a motor vehicle the additional costs necessarily incurred in connection with the transfer of the vehicle)

L. Bay Larsen, P
ECLI:EU:C:2016:527, [2016] EUECJ C-476/14
Bailii

European, Consumer, Media

Updated: 10 November 2021; Ref: scu.566723

Mater v Turkey (LS): ECHR 16 Jul 2013

Article 8-1
Respect for private life
Newspaper editorial criticising applicant without insulting her or calling for the use of violence: no violation
Facts – The applicant wrote a book containing the testimonies of former soldiers who had fought against the PKK (Workers’ Party of Kurdistan). She was prosecuted in connection with its publication on a charge of insulting the armed forces of the State, before being acquitted in September 2000. In August 2001 a newspaper printed a series of editorial articles which contained virulent criticism of the applicant. In October 2001 she applied to the courts seeking compensation for the non-pecuniary damage she had allegedly sustained as a result of the publication of the articles. Following lengthy proceedings her claims were eventually dismissed by the domestic courts.
Law – Article 8: The applicant, a public figure, had attracted more attention following the publication of her book and the considerable publicity surrounding the criminal proceedings against her that resulted from it. The articles in question had concerned topical subjects of general interest. Owing to the style used, the impugned pieces of journalism had directly engaged the reader on the subject of the facts set out in them. The tone of the articles had been incisive and ironic, they had included numerous negative comments and the journalist had expressed clear scepticism as to the authenticity of the interviews in the applicant’s book. The articles had also challenged the applicant directly. They claimed that she had received funding for the writing of the book from an American foundation with supposed links to the CIA, and cast doubt on her ideological and financial motives for writing the book.
The language used could be considered provocative. However, while any individual who took part in a public debate of general concern must not overstep certain limits, particularly with regard to respect for the reputation and the rights of others, a degree of exaggeration, or even provocation, was permitted. Moreover, the allegations made by the journalist in question had not been without some factual basis, especially regarding the funding received by the applicant for the writing of the book. The various ways in which the journalist had speculated about and interpreted the applicant’s motives for writing the book had been recognisable as personal comments and expressions of opinion and easily identifiable as such by the reader. Explanations had been printed in the form of a summary of statements including those of the applicant and of the chairman of the foundation in question, accompanied by comments from the journalist.
It was true that the applicant had been the subject, over a period of around ten days, of articles amounting to virulent criticism against her. However, the articles in question had been editorials which, although very forthright in tone, had not contained personal insults against the applicant or calls for the use of violence against her. In that sense their content was not sufficient to establish that they would in themselves have been capable of endangering the applicant’s physical safety or that of her family and friends.
Lastly, the domestic courts had stressed both the importance of press freedom and its limits with regard to the personality rights of others. The case had been examined three times by the Court of Cassation and the latter, sitting as a full civil court, had eventually concluded, after weighing up the different interests at stake, that the articles in question had remained within the bounds of permissible criticism.
Conclusion: no violation (unanimously).

54997/08 – Legal Summary, [2013] ECHR 887
Bailii
European Convention on Human Rights 8
Human Rights
Citing:
Full judgmentMater v Turkey ECHR 16-Jul-2013
. .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 10 November 2021; Ref: scu.516033

Richard 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 claimant. He now claimed damages for breach of his privacy rights.
Held: The claims succeeded. The court generally preferred as an explanation of how SYP had come to disclose the material they did disclose to the BBC, that given by the SYP. The question, whether the existence of a police investigation gave rise to a reasonable expectation of privacy, had not been clearly and authoritatively answered, but the starting point was that a suspect had a legitimate expectation of privacy. That might be displaced on particular occasions according to the facts. It was not displaced merely by the involvement of the media. A balance had to be found between the suspects article 8 rights and the article 10 rights of the media. In this case the defendant’s article 10 rights were not sufficient to take the balance into their favour.
Mann J said: ‘whether or not there is a reasonable expectation of privacy in a police investigation is a fact-sensitive question and is not capable of a universal answer one way or the other. ‘
Mann J continued: ‘It seems to me that on the authorities, and as a matter of general principle, a suspect has a reasonable expectation of privacy in relation to a police investigation, and I so rule. As a general rule it is understandable and justifiable (and reasonable) that a suspect would not wish others to know of the investigation because of the stigma attached. It is, as a general rule, not necessary for anyone outside the investigating force to know, and the consequences of wider knowledge have been made apparent in many cases: see above. If the presumption of innocence were perfectly understood and given effect to, and if the general public were universally capable of adopting a completely open and broad-minded view of the fact of an investigation so that there was no risk of taint either during the investigation or afterwards (assuming no charge) then the position might be different. But neither of those things is true. The fact of an investigation, as a general rule, will of itself carry some stigma, no matter how often one says it should not.’

Mann J
[2018] EWHC 1837 (Ch), [2018] WLR(D) 457, [2018] 3 WLR 1715, [2018] EMLR 26, [2019] Ch 169, [2019] 2 All ER 105, [2018] HRLR 16
Bailii, WLRD
European Convention on Human Rights 8 10
England and Wales
Citing:
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 . .
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 . .
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 . .
CitedPNM v Times Newspapers Ltd and Others CA 1-Aug-2014
The claimant sought a privacy order after being accused of historical serious sexual offences against children.
Held: The judge had properly acted within the range of his discretion, and the appeal was dismissed. The judgment would however . .
CitedJR38, 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 . .
CitedZXC v Bloomberg Lp QBD 23-Feb-2017
Investigation of claimant was properly disclosed
The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had . .
CitedAxel Springer Ag v Germany ECHR 7-Feb-2012
ECHR Grand Chamber – A German newspaper had published a story or stories about the arrest and conviction of a well-known TV actor, together with photographs, and various restraining-type orders had been issued by . .
CitedRocknroll 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 . .
CitedPNM v Times Newspapers Ltd and Others SC 19-Jul-2017
No anonymity for investigation suspect
The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting . .

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 . .
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.

Information, Media, Human Rights, Police

Updated: 10 November 2021; Ref: scu.619900

CTB v News Group Newspapers Ltd and Thomas (2): QBD 23 May 2011

ctb_ngn2QBD11

The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. Additionally the claimant said that given that the defendant claimed to have clean hands in the matter, it should provide disclosure of dicuments which might support or undermine that claim.
Held: The applications failed. That the defendant still wanted to pubish the story was itself evidence that there remained some privacy to protect, and: ‘the right question for me to ask . . is whether there is a solid reason why the Claimant’s identity should be generally revealed in the national media, such as to outweigh the legitimate interests of himself and his family in maintaining anonymity. The answer is as yet in the negative. They would be engulfed in a cruel and destructive media frenzy. Sadly, that may become unavoidable in the society in which we now live but, for the moment, in so far as I am being asked to sanction it, I decline to do so.’
The defendant having reduced its ‘clean hands’ claim to one of there being no evidence to contradict it, detailed disclosure remained unnecessary at this stage. The court also bore in mind that such a search might reveal criminal attempts to undermine the court order, and this would require consideration of the laws against requiring self-incrimination.
Eady considered the argument that the information was already in the public domain: ‘one reason why it can be important to distinguish between the was the law approaches public domain arguments in relation to commercial or state secrets, for example, and that which is appropriate to personal information. It also largely explains why it is the case that the truth of falsity of the allegations in question can often be irrelevant: see e.g. McKennitt v Ash [2008] QB 73 . . It is fairly obvious that wall-to-wall excoriation in national newspapers . . is likely to be significantly more intrusive and distressing for those concerned than the availability of information on the internet or in foreign journals to those, however many, who take the trouble to look it up. Moreover, with each exposure of personal information or allegations, whether by way of visual images or verbally, there is a new intrusion and occasion for distress or embarrassment . . For so long as the court is in a position to prevent some of that intrusion and distress, depending on individual circumstances, it may be appropriate to maintain that degree of protection. The analogy with King Canute to some extent, therefore, breaks down.’

Eady J
[2011] EWHC 1326 (QB)
Bailii
Citing:
CitedCobra Golf Inc and Another v Rata and Others ChD 11-Oct-1996
An Anton Piller order was wrongfully made where it was used in order to get information to found a later prosecution. The privilege against self incrimination is available under Section 14 of the 1968 Act in contempt proceedings despite the fact . .
CitedDendron Gmbh and others v Regents of University of California and Another PatC 23-Mar-2004
The claimants sought letters of request to obtain evidence to support applications they wished to make, including onme before the European Patents Office.
Held: The EPO when involved in opposition proceedings was not a domestic court, and . .
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 . .
See AlsoCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
ctb_newsQBD11
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 . .

Cited by:
CitedCTB v News Group Newspapers Ltd and Another (3) QBD 23-May-2011
ctb_ngn4QBD11
The defendant applied to be released from an injunction protecting the claimant’s privacy. It said that the claimant’s identity had been revealed on Twitter and now by a member of parliament in parliament.
Held: The application was refused. . .
CitedGoodwin v NGN Ltd and VBN QBD 9-Jun-2011
goodwin_ngn4QBD11
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 . .
CitedHutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others CA 19-Jul-2011
The claimant appealed against the refusal of a privacy order, protecting his identity in his claim.
Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable . .
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 . .
CitedPJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Litigation Practice

Updated: 10 November 2021; Ref: scu.440085

The 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 anonymity, in the absence of a genuine breach of confidence, by suppressing the fruits of detective work. He had failed to do this.
Eady J said: ‘the court nowadays adopts a two stage approach, when addressing claims based upon the publication of allegedly private information in contravention of Article 8 of the European Convention on Human Rights and Fundamental Freedoms. One must ask, first, whether the claimant had a reasonable expectation of privacy in relation to the particular information in question and, if so, then move to the second stage of enquiring whether there is some countervailing public interest such as to justify overriding that prima facie right.’ The action of blogging is essentially a public one. One reason for the claimant seeking this protection was also to prevent police disciplinary proceedings. That argument was at best unattractive. The defendant’s own human rights were engaged. The claimant’s identity did not have the necessary ‘quality of confidence’. It was unlikely that the claimant would succeed at trial, and the injunction was not sustained.

Eady J
[2009] EWHC 1358 (QB), [2009] EMLR 22
Bailii
Human Rights Act 1998 812
England and Wales
Citing:
CitedPrinters and Finishers Limited v Holloway 1965
The court considered the questions arising from the use of information acquired by an employee during his employment after that employment had ended, and noted that information the future use of which will not be restrained is information not . .
CitedNapier and Another v Pressdram Ltd CA 19-May-2009
The claimant solicitors appealed against the refusal to grant them an injunction to prevent the publication of the outcome of a complaint against them to the Law society, and of the Ombudsman’s report. They said that the material remained . .
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 . .
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 . .
CitedMahmood v Galloway and Another QBD 5-Apr-2006
The claimant was an investigative journalist used to working under cover. He sought to restrain the defendants from publicising his image on the internet on their web-site. The defendants sought to have lifted the without notice injunction granted . .
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 . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
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 . .
CitedCoco v A N Clark (Engineers) Ltd ChD 1968
Requirememts to prove breach of confidence
A claim was made for breach of confidence in respect of technical information whose value was commercial.
Held: Megarry J set out three elements which will normally be required if, apart from contract, a case of breach of confidence is to . .
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 . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Intellectual Property

Updated: 09 November 2021; Ref: scu.346927

Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008

mosley_newsgroupQBD2008

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 claimed in breach of confidence.
Held: ‘The law [of confidence] now affords protection to information in respect of which there is a reasonable expectation of privacy, even in circumstances where there is no pre-existing relationship giving rise of itself to an enforceable duty of confidence. That is because the law is concerned to prevent the violation of a citizen’s autonomy, dignity and self-esteem. It is not simply a matter of ‘unaccountable’ judges running amok. Parliament enacted the 1998 statute which requires these values to be acknowledged and enforced by the courts.’ The clandestine recording of sexual activity on private property must be taken to engage Article 8. What requires closer examination is the extent to which such intrusive behaviour could be justified by reference to a countervailing public interest.
As to the application for exemplary damages, the extension of such awards to cases involving breach of confidence would no doubt have to be dealt with at the House of Lords. However, there was another factor which ‘probably’ had to be taken into account, namely vindication to mark the infringement of the right.
Eady J considered the criticism of CC v AB in its moral relativism. It was ‘largely because of a failure to appreciate the task which judges are now required to carry out in the context of the rights-based environment introduced by the Human Rights Act, hitherto largely unfamiliar in our common law tradition. In deciding whether a right has been infringed, and in assessing the relative worth of competing rights, it is not for judges to make individual moral judgments or to be swayed by personal distaste. It is not simply a matter of personal privacy versus the public interest. The modern perception is that there is a public interest in respecting personal privacy. It is thus a question of taking account of conflicting public interest considerations and evaluating them according to increasingly well recognised criteria. ‘

Eady J
[2008] EWHC 1777 (QB), [2008] EMLR 20
Bailii
European Convention on Human Rights 8 10
Citing:
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 . .
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 . .
CitedD v L CA 31-Jul-2003
L and D lived together. Fearing the breakdown of the relationship, L used a voice activated recorder to record their conversations. D sought an order to restrain their publication after elements appeared in national newspapers. The court also . .
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 . .
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 . .
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 . .
CitedAubry 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 . .
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 . .
CitedDudgeon v The United Kingdom ECHR 22-Oct-1981
ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK.
Held: There was a violation of article 8, but it was not necessary to . .
CitedLaskey, Jaggard and Brown v The United Kingdom ECHR 19-Feb-1997
A prosecution for sado-masochist acts was a necessary invasion of privacy to protect health. The Court found no violation where applicants were imprisoned as a result of sado-masochistic activities captured on video tape when police obtained . .
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 . .
CitedTammer v Estonia ECHR 6-Feb-2001
Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and the self-fulfilment of each individual. Criminal penalties imposed in respect of the reporting of a . .
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 . .
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 . .
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 . .
CitedCraxi (No. 2) ECHR 17-Jul-2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to release of transcripts into the public domain ; Violation of Art. 8 with regard to reading out of transcripts at trial ; Pecuniary . .
CitedADT v United Kingdom ECHR 4-Aug-2000
The UK law which had the effect of prohibiting non-violent homosexual acts by groups of males, was a violation of the right to respect for his private life. The law went beyond that which might properly be required in a democratic society for the . .
CitedSilver v United Kingdom ECHR 1980
(Commission) Complaint was made as to the censorship of prisoners’ correspondence. The censorship of prisoners’ correspondence was ancillary to prison rules restricting the contents of correspondence. The Commission, therefore, and the Court had to . .
CitedRegina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
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 . .
CitedCC v AB QBD 4-Dec-2006
The claimant sought an order to prevent the defendant and others from making it known that the claimant had had an adulterous relationship with the defendant’s wife. . .
CitedPolanski v Conde Nast Publications Ltd HL 10-Feb-2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held . .
CitedRookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
CitedCassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
CitedLeempoel and SA ED Cine Revue v Belgium ECHR 9-Nov-2006
‘In matters relating to striking a balance between protecting private life and the freedom of expression that the Court had had to rule upon, it has always emphasised . . the requirement that the publication of information, documents or photographs . .
CitedFrancome v Mirror Group Newspapers Ltd CA 1984
The defendant had acquired illegal tapes of telephone conversations which it said implicated the plaintiff. He sought to restrain publication of the material pending forthcoming discliplinary charges at the Jockey Club.
Held: The court had to . .
CitedKuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .
CitedKitetechnology v Unicor GmbH Plastmaschinen 1995
It would not be correct to describe a infringement of breach of privacy as a tort. . .
CitedZ Ltd v A-Z and AA-LL CA 1982
The plaintiffs, an overseas company with an office in London had been defrauded here. They sought and obtained Mareva injunctions against defendants and against six clearing banks. The banks sought clarification of their duties.
Held: The . .
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 . .
CitedRowlands v Chief Constable of Merseyside Police CA 20-Dec-2006
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: . .
CitedTolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case.
Held: It followed from established case law that article 6(1) did not . .
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 . .
CitedJones v Pollard, Mirror Group Newspapers Limited and Bailey CA 12-Dec-1996
Articles in consecutive issues of The Sunday Mirror accused the plaintiff of pimping for the KGB, organising sex with prostitutes for visiting British businessmen and then blackmailing them. The defendants pleaded justification. The plaintiff . .
CitedAshley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
CitedChester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
CitedArcher v Williams QBD 3-Jul-2003
The claimant brought an action for breach of confidence against a former employee. . .
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 . .
See AlsoMosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .

Cited by:
CitedCallaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
See AlsoMosley v The United Kingdom ECHR 22-Oct-2009
. .
See AlsoMosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
CitedCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
ctb_newsQBD11
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 . .
CitedGoodwin v NGN Ltd and VBN QBD 9-Jun-2011
goodwin_ngn4QBD11
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
fedinand_mgnQBD2011
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 . .
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 . .

Lists of cited by and citing cases may be incomplete.

Defamation, Media, Human Rights, Damages

Leading Case

Updated: 09 November 2021; Ref: scu.271044

Simm’s Application for Judicial Review; O’Brien’s Application for Judicial Review and Main’s Application for Judicial Review: CA 4 Dec 1997

In two cases, long term prisoners who asserted their innocence were in touch with journalists. Challenges were made against conditions imposed on their access that materials obtained during the visits should not be disclosed by the journalists. A third prisoner challenged the inspection of correspondence with his solicitor. The prison governors’ now appealed against rulings in the favor of the prisoners as to th validity of the Prison Service Standing Orders.

Kennedy, Judge, Chadwick LJJ
[1997] EWCA Civ 2913, [1998] 2 All ER 491
Bailii
Prison Rules 1964 33(1)
England and Wales
Citing:
CitedRegina v Secretary of State Home Department, ex parte Leech (No 2) CA 20-May-1993
Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of . .
CitedRaymond v Honey HL 4-Mar-1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court.
Held: The governor was in contempt of court. Subject . .

Lists of cited by and citing cases may be incomplete.

Prisons, Media

Leading Case

Updated: 09 November 2021; Ref: scu.143312

Fressoz 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 lawfully be published.
Held: Article 10 protects the right of journalists to divulge information on issues of general interest provided they are acting in good faith and on ‘an accurate factual basis’ and supply reliable and precise information in accordance with the ethics of journalism. But a journalist is not required to guarantee the accuracy of his facts. Article 10 leaves it for journalists to decide whether or not it is necessary to reproduce material to ensure credibility: ‘It protects journalists’ rights to divulge information on issues of general interest provided that they are acting in good faith and on an accurate factual basis and provide ‘reliable and precise’ information in accordance with the ethics of journalism.’

29183/95, [1999] ECHR 1, (1999) 31 EHRR 28, [1997] ECHR 194
Worldlii, Bailii, Bailii
European Convention on Human Rights 10
Human Rights
Cited by:
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 . .
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 . .
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 . .
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 . .
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 . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .
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 . .
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 . .
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.

Human Rights, Defamation, Media

Leading Case

Updated: 02 November 2021; Ref: scu.165681

Infopaq International v Danske Dagblades Forening: ECJ 17 Jul 2009

ECJ Copyright Information society – Directive 2001/29/EC Articles 2 and 5 – Literary and artistic works – Concept of ‘reproduction’ Reproduction ‘in part’ Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient reproductions – Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction, storage of part of that reproduction and printing out.
The Court said: ‘Article 2(a) of Directive 2001/29 [the Information Society Directive] provides that authors have the exclusive right to authorise or prohibit reproduction, in whole or in part, of their works. It follows that protection of the author’s right to authorise or prohibit reproduction is intended to cover ‘work’.
It is, moreover, apparent from the general scheme of the Berne Convention, in particular Article 2(5) and (8), that the protection of certain subject-matters as artistic or literary works presupposes that they are intellectual creations.
Similarly, under Articles 1(3) of Directive 91/250, 3(1) of Directive 96/9 and 6 of Directive 2006/116, works such as computer programs, databases or photographs are protected by copyright only if they are original in the sense that they are their author’s own intellectual creation.
In establishing a harmonised legal framework for copyright, Directive 2001/29 is based on the same principle, as evidenced by recitals 4, 9 to 11 and 20 in the preamble thereto.
In those circumstances, copyright within the meaning of Article 2(a) of Directive 2001/29 is liable to apply only in relation to a subject-matter which is original in the sense that it is its author’s own intellectual creation.’

K Lenaerts P
C-5/08, [2009] EUECJ C-5/08, [2012] Bus LR 102, [2009] ECR I-6569, [2010] FSR 20, [2009] ECDR 16
Bailii, Bailii
Directive 2001/29/EC 2, Directive 2006/116 6
European
Citing:
OpinionInfopaq International v Danske Dagblades Forening ECJ 12-Feb-2009
ECJ (Opinion) Directive 2001/29 – Articles 2 and 5 – Harmonisation of certain aspects of copyright and related rights in the information society – Reproduction right – Exceptions and limitations – Temporary acts . .

Cited by:
CitedFootball Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others ChD 23-Apr-2010
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright . .
CitedThe Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .
CitedThe Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others CA 27-Jul-2011
The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members . .
JudgmentInfopaq International A/S v Danske Dagblades Forening ECJ 17-Jan-2012
ECJ Copyright – Information society – Directive 2001/29/EC – Article 5(1) and (5) – Literary and artistic works – Reproduction of short extracts of literary works – Newspaper articles – Temporary and transient . .
CitedTemple Island Collections Ltd v New English Teas Ltd and Another PCC 12-Jan-2012
The claimant asserted infringement of their copyright in a photograph. It showed the Houses of Parliament in black and white with a London bus in red. The original action had been settled and the proposed image withdrawn as a copy. The defendants . .
CitedSAS Institute Inc v World Programming Ltd CA 21-Nov-2013
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software . .
CitedKogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
CitedMartin and Another v Kogan and Others IPEC 22-Nov-2017
The parties disputed whether joint authorship of the screenplay for a film, ‘Florence Foster Jenkins’. The claimant now sought a declaration of sole authorship of film screenplay, and the defendant cross-claimed for a declaration of joint . .
CitedHRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Media

Leading Case

Updated: 02 November 2021; Ref: scu.286161

In re C (A Child): CA 29 Jul 2016

Publication of care hearings

The court was asked whether a judgment in earlier care proceedings held in private should now be made public. The father had since been convicted of the murder of C. Reporting restrictions were imposed pending his trial, and immediately after the trial order had been continued to protect his right to a fair trial. He had said that he intended to appeal. The media organisations now appealed against the latter order.
Held: The redacted judgment should be published.
Lord Dyson MR said that in terms of jurors remembering publicity about a trial or the people involved in it, the ‘staying power of news reports is very limited’.

Lord Dyson MR, McFarlane, Burnett LJJ
[2016] EWCA Civ 798, B4/2016/2680, [2016] Fam Law 1223, [2017] 2 FLR 105, [2016] 1 WLR 5204, [2016] WLR(D) 448
Bailii, Judiciary, WLTD
England and Wales
Citing:
Judgment now publishedLondon Borough of Sutton v Gray and Butler FD 30-Jun-2016
(Redacted) The Borough sought a care order.
Held: The father was respnsible for the death of the sister, and the surviving child was in need of the kind of care which would not lead to her following her mother’s path. . .

Cited by:
CitedSarker, Regina v CACD 13-Jun-2018
The defendant was to face trial under the 2006 Act. He applied for an order under section 4(2) of the 1981 Act postponing the reporting of the proceedings on the grounds that knowledge by the jury of the inquiry and police investigation would be . .

Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 01 November 2021; Ref: scu.567802

PJS v News Group Newspapers Ltd: SC 19 May 2016

The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the internet and in print media.
Held: The Court of Appeal had erred. Its: ‘initial self-direction is . . contrary to considerable authority, including authority at the highest level, which establishes that, even at the interlocutory stage, (i) neither article has preference over the other, (ii) where their values are in conflict, what is necessary is an intense focus on the comparative importance of the rights being claimed in the individual case, (iii) the justifications for interfering with or restricting each right must be taken into account and (iv) the proportionality test must be applied’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Reed, Lord Toulson
[2016] UKSC 26, [2016] WLR(D) 272, [2016] 1 AC 1081, [2016] EMLR 21, [2016] 2 WLR 1253, [2016] FSR 33, [2016] 2 FLR 251, [2016] Fam Law 963, [2016] HRLR 13, [2016] 4 All ER 554, UKSC 2016/0080
Bailii, WLRD, Bailii Summary, SC, SC Summary
Human Rights Act 1998 12
England and Wales
Citing:
Appeal fromPJS v News Group Newspapers Ltd CA 18-Apr-2016
The claimant celebrity had obtained an injunction restraining the defendant newspaper from publishing details of his extra marital activities. The newspaper appealed, saying that the information had already been printed abroad, and had been widely . .
CitedRex v John Wilkes, Esq 7-Feb-1770
The law must be applied even if the heavens fell
An information for a misdemeanor may be amended the day before trial by a single Judge at chambers on hearing both sides and without the consent of the defendant.
On setting aside John Wilkes’ outlawry for publishing The North Briton, Lord . .
CitedAxel Springer Ag v Germany ECHR 7-Feb-2012
ECHR Grand Chamber – A German newspaper had published a story or stories about the arrest and conviction of a well-known TV actor, together with photographs, and various restraining-type orders had been issued by . .
CitedHutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others CA 19-Jul-2011
The claimant appealed against the refusal of a privacy order, protecting his identity in his claim.
Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable . .
At CAPJS v News Group Newspapers Ltd CA 22-Jan-2016
The claimants sought to restrain newspapers from publishing their identities in the context of allegations of sexual misconduct. They now appealed against rejection of their request for an interim injunction.
Held: The appeal succeeded. . .
CitedTerry (previously LNS) v Persons Unknown QBD 29-Jan-2010
The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials.
Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at 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 . .
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 . .
CitedCouderc And Hachette Filipacchi Associes v France ECHR 10-Nov-2015
The Court said: ‘The Court has also emphasised on numerous occasions that, although the public has a right to be informed, and this is an essential right in a democratic society which, in certain special circumstances, can even extend to aspects of . .
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 . .
CitedCTB v News Group Newspapers Ltd and Another (3) QBD 23-May-2011
ctb_ngn4QBD11
The defendant applied to be released from an injunction protecting the claimant’s privacy. It said that the claimant’s identity had been revealed on Twitter and now by a member of parliament in parliament.
Held: The application was refused. . .
CitedCTB v News Group Newspapers Ltd and Thomas (2) QBD 23-May-2011
ctb_ngn2QBD11
The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. . .
CitedMosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
CitedJIH v News Group Newspapers Ltd QBD 5-Nov-2010
The court was asked as to the circumstances under which the identity of a claimant should be protected in an action where he sought to restrain the publication of private information about him.
Held: Tugendhat J accepted the proposition . .
CitedEditions Plon (Societe) v France ECHR 15-Sep-2010
The case concerns the banning of distribution, in January 1996, of the book ‘Le Grand Secret’, co-authored by a journalist and President Mitterrand’s personal physician. The book was published by the applicant company nine days after the President’s . .
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 . .
CitedMosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .
CitedArmonas v Lithuania ECHR 25-Nov-2008
The Court emphasised the duty of the press to impart information and ideas on matters of public interest, but noted that: ‘a fundamental distinction needs to be made between reporting facts – even if controversial – capable of contributing to a . .

Cited by:
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 . .
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 . .
CitedRe Al M (Children) CA 28-Feb-2020
Publication of Children judgment – wide publicity
F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their . .
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: 02 November 2021; Ref: scu.564495

L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoires Garnier and Cie v Bellure NV, Malaika Investments Ltd, Starion International Ltd: ECJ 18 Jun 2009

loreal_bellureECJ2009

ECJ Approximation of laws – Trade marks Directive 98/104/EEC Article 5(1)(a) – Use of another person’s trade mark for identical goods in comparative advertising Article 5(2) – Unfair advantage taken of the reputation of a trade mark – Comparative advertising Directives 84/450/EEC and 97/55/EEC Article 3a(1) – Conditions under which comparative advertising is permitted Unfair advantage taken of the reputation of a competitor’s trade mark Imitation or replica of the goods protected by a competitor’s trade mark.

C-487/07, [2009] EUECJ C-487/07
Bailii, Bailii, Times, Bailii
Citing:
See AlsoL’Oreal Sa and others v Bellure Nv and others ChD 24-May-2006
Action for trade mark infringement and passing off – suggestion that goods of such superior quality that no possibility of confusion. . .
At first instanceL’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .
Reference FromL’Oreal Sa and others v Bellure Nv and others CA 10-Oct-2007
. .
At ECJIntel Corporation v CPM United Kingdom Ltd (Approximation Of Laws) ECJ 27-Nov-2008
Europa Directive 89/104/EEC Trade marks Article 4(4)(a) Trade marks with a reputation – Protection against the use of a later identical or similar mark Use which takes or would take unfair advantage of, or is or . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property, Media

Updated: 02 November 2021; Ref: scu.286164

Regina v Shayler: CACD 28 Sep 2001

Duress as Defence not closely Defined

The defendant had been a member of MI5. He had signed the Official Secrets Act, but then disclosed various matters, including material obtained by interceptions under the Interception of Communications Act. He claimed that his disclosures were made in the public interest. He appealed against a judgment that the Official Secrets Act permitted him no defence of disclosure for the public good, and and that nor was the defence of duress in the particular form of necessity of circumstance, available under the Act. The legislation singled out members and former members of the security services, and the possibility of a defence of public good had been discussed and rejected in the parliamentary process of passing the Act. The defendant had several proper means of disclosure, however inadequate he judged them, and that avenue provided the appropriate balance under the Human Rights Act.
Held: Any definition of the precise limits of the defence of duress and necessity was fraught with difficulty, because its development had been closely related to the particular facts of the different cases which had come before the courts. The central elements were set out in Martin, and in Abdul-Hussain. There was no purpose in making a distinction between the Official Secrets Act and others as regards the defence of necessity, and the particular sensitivities of the work of the intelligence services meant that the provisions did balance the need for freedom of expression. The defendant challenged the power of the judge at a preparatory hearing to rule on propositions of law in these circumstances, under section 29 of CPIA 1996. However there is a need to apply case management considerations to criminal practice, and whilst the defendant’s rights must be preserved, the section should not be interpreted restrictively. The position of the Press in considerations such as these and the Human Rights Act, is not that of a victim.

Lord Woolf, The Lord Chief Justice Of England And Wales, The Hon. Mr Justice Wright, And The Hon. Mr Justice Leveson
Times 10-Oct-2001, Gazette 18-Oct-2001, [2001] EWCA Crim 1977, [2001] 1 WLR 2206
Bailii
Human Rights Act 1998, Official Secrets Act 1989 2 4, Interception of Communications Act 1985, Security Services Act 1989, Intelligence Services Act 1994, Criminal Procedure and Investigations Act 1996 29
England and Wales
Citing:
CitedRegina v Pommell CACD 16-May-1995
The defendant appealed against his conviction for possessing a loaded shotgun. He had wished to advance a defence to the effect that on the previous evening he had taken it ‘off a geezer who was going to do some damage with it’ in order to stop him. . .
CitedMcCartan Turkington Breen (A Firm) v Times Newspapers Limited HL 2-Nov-2000
(Northern Ireland) The defendant reported a press conference at which the claims denying the criminal responsibility of an army private were made. The report was severely critical of the claimants, who then sued in defamation. The defendants claimed . .
CitedRegina v Martin (Colin) CACD 29-Nov-1988
Defence of Necessity has a Place in Criminal Law
The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he . .

Cited by:
Appeal fromRegina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
See alsoRegina v Shayler CACD 29-Jul-2003
The defendant appealed against his conviction, saying the restrictions placed upon him in conducting his defence because the fact that he had been a member of the secret services, meant that he had been unable to conduct his defence properly, with . .
CitedJones and Milling, Olditch and Pritchard, and Richards v Gloucestershire Crown Prosecution Service CACD 21-Jul-2004
The court considered the extent to which the defendants in the proceedings can rely on their beliefs as to the unlawfulness of the United Kingdom’s actions in preparing for, declaring, and waging war in Iraq in 2003 in a defence to a charge of . .
CitedQuayle and others v Regina, Attorney General’s Reference (No. 2 of 2004) CACD 27-May-2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might . .
CitedRegina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
CitedRegina v CS CACD 29-Feb-2012
The defendant appealed against the refusal of the judge to allow her defence of necessity in answer to a charge under section 1 of the 1984 Act. She said that it had been necessary to prevent the child being sexually abused.
Held: The appeal . .

Lists of cited by and citing cases may be incomplete.

Information, Crime, Human Rights, Media

Leading Case

Updated: 01 November 2021; Ref: scu.166220

Attorney-General v Times Newspapers Ltd: HL 1973

The House considered the bringing of contempt proceedings by the Attorney General.
Held: The Attorney General must prove to the criminal standard of proof that the respondent had committed an act or omission calculated to interfere with or prejudice the due administration of justice; conduct is calculated to interfere with or prejudice the due administration of justice if there is a real risk, as opposed to a remote possibility, that interference or prejudice would result.
Lord Reid said: ‘I agree with your Lordships that the Attorney-General has a right to bring before the court any matter which he thinks may amount to contempt of court and which he considers should in the public interest be brought before the court. The party aggrieved has the right to bring before the court any matter which he alleges amounts to contempt but he has no duty to do so. So if the party aggrieved failed to take action either because of expense or because he thought it better not to do so, very serious contempt might escape punishment if the Attorney-General had no right to act. But the Attorney-General is not obliged to bring before the court every prima facie case of contempt reported to him. It is entirely for him to judge whether it is in the public interest that he should act.’
Lord Cross said: ‘It is easy enough to see that any publication which prejudges an issue in pending proceedings ought to be forbidden if there is any real risk that it may influence the tribunal . . But why, it may be said, should a publication be prohibited when there is no such risk? The reason is that one cannot deal with one particular publication in isolation. A publication prejudging an issue in pending litigation which is itself innocuous enough may provoke replies which are far from innocuous but which, as they are replies, it would seem unfair to restrain. So gradually the public would become habituated to, look forward to, and resent the absence of, preliminary discussions in the ‘media’ of any case which aroused widespread interest. An absolute rule, though it may seem to be unreasonable if one looks only to the particular case, is necessary in order to prevent a gradual slide towards trial by newspaper or television.’

Lord Cross, Lord Reid, Lord Simon of Glaisdale
[1973] 3 All ER 54, [1973] 3 WLR 298, [1974] AC 273
England and Wales
Cited by:
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 . .
Citedin Re Lonrho Plc HL 1989
A jury trial procedure for contempt would never be appropriate: ‘If the trial is to be by jury, the possibility of prejudice by advance publicity directed to an issue which the jury will have to decide is obvious. The possibility that a professional . .
CitedAttorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited Admn 3-Jul-1997
Complaint was made that the defendant newspapers had caused a serious prejudice to a trial by articles published before the trial of the defendant in criminal proceedings. The defendant pleaded guilty to theft at the magistrates’ court after she had . .
CitedJones, Re (Alleged Contempt of Court) FD 21-Aug-2013
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales . .
CitedHM Attorney General v Yaxley-Lennon QBD 9-Jul-2019
Application by Her Majesty’s Attorney General for an order committing the respondent to prison for contempt of court. . .

Lists of cited by and citing cases may be incomplete.

Media, Contempt of Court

Leading Case

Updated: 01 November 2021; Ref: scu.180689

Goodwin v NGN Ltd and VBN: QBD 9 Jun 2011

goodwin_ngn4QBD11

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 the claimant, but now it additionally sought to identify the woman involved.
Held: Tugendhat J said: ‘what is of interest to the public is not the same as what it is in the public interest to publish. Newspaper editors have the final decision on what is of interest to the public: judges have the final decision what it is in the public interest to publish.’ The newspaper had first alleged that she had been involved in deciding his severance package, but when challenged accepted that this was not true. They then said that the woman’s identity was not needed for the story. NGN then argued that she had been promoted while he was Chief Executive. Again they now accepted this was wrong. They then said that the relationship should have been disclosed, but, having been disclosed the bank had made no critism of her.
Though it was not clear that, in view of the claimant’s position, the woman would establish an expectation of privacy at trial, there are degrees of privacy, and allowing the publication of identifying details would remain a disproportionate interference in her private life, though the injunction was relaxed to allow publication of her job description. The countervailing article 10 rights did not in this case justify further intrusion.

Tugendhat J
[2011] EWHC 1437 (QB)
Bailii
European Convention on Human Rights 8 10
Citing:
See AlsoMNB v News Group Newspapers Ltd QBD 9-Mar-2011
The defendant resisted an order preventing disclosure of information said by the claimant to be private.
Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. . .
See AlsoGoodwin v News Group Newspapers Ltd QBD 23-May-2011
The claimant had obtained orders restricting publication by the defendant of stories of his relationship with a woman. The order had also restrained publication of their names. The names had since been revealed under parliamentary prvilege, and the . .
See AlsoGoodwin v News Group Newspapers Ltd QBD 27-May-2011
An associated claimant alleged contempt against another newspaper for publishing matters so as to defeat the purposes of a privacy injunction granted to her.
Held: Even though the principle claimant had been subsequenty identified with the . .
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 . .
CitedCTB v News Group Newspapers Ltd and Thomas (2) QBD 23-May-2011
ctb_ngn2QBD11
The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. . .
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, . .
CitedThomas v News Group Newspapers Ltd and Simon Hughes CA 18-Jul-2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant.
Held: Repeated newspaper stories . .
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 . .
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 . .
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, . .
CitedNtuli v Donald CA 16-Nov-2010
The defendant sought the discharge of a super-injunction, an order against not only the identification of the parties, but also the existence of the proceedings.
Held: The order preventing publication of the underlying allegations remained, . .
CitedX and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
CitedJIH v News Group Newspapers Ltd QBD 5-Nov-2010
The court was asked as to the circumstances under which the identity of a claimant should be protected in an action where he sought to restrain the publication of private information about him.
Held: Tugendhat J accepted the proposition . .
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 . .
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 . .
CitedLord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
CitedA v The United Kingdom ECHR 17-Dec-2002
The applicant complained that the absence of legal aid to allow a challenge what had been said about her in Parliament by way of defamation, violated her right of access to court.
Held: The right to absolute parliamentary privilege was within . .
CitedMosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .

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 . .
CitedFerdinand v MGN Limited QBD 29-Sep-2011
fedinand_mgnQBD2011
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 . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 01 November 2021; Ref: scu.440470

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to whether the earlier judgment should now be made available without redactions.
Held: An allegation of cruel, inhuman or degrading treatment was to be treated on the same basis as torture in the circumstances of the present case, and a claim to conceal evidence of cruel, inhuman or degrading treatment or torture under the guise of public interest immunity could not be countenanced as it was incompatible with international law and values. ‘It is the upholding of the rule of law . . that is a factor of the greatest public interest in this case, given the allegations against officials of the United States Government and the role of officials of the Government of the United Kingdom in facilitating what is alleged.’ The requirements of open justice, the rule of law and democratic accountability demonstrate the very considerable public interest in making the redacted paragraphs public, particularly given the constitutional importance of the prohibition against torture and its historic link from the seventeenth century in this jurisdiction to the necessity of open justice. Nevertheless the US had threatened that disclosure would undermine the intelligence relationship with the UK. The alternatives were not adequate. The court could not go behind the Foreign Secretary’s assertion that disclosure would undermine the ability of the state to protect its citizens. The details would not be disclosed. If they are to be disclosed it must be by the US government.
The court identified four questions for redaction:- a) Is there a public interest in bringing the redacted paragraph into the public domain? b) Will disclosure bring about a real risk of serious harm to an important public interest, and if so, which interest? c) Can the real risk of serious harm to national security be protected by other methods or more limited disclosure? d) If the alternatives are insufficient, where does the balance of the public interest lie?

Thomas LJ, Lloyd Jones J
[2009] EWHC 152 (Admin)
Bailii
England and Wales
Citing:
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs, Admn 22-Oct-2008
The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: . .
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 . .
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 . .
Citedex parte Guardian Newspapers Ltd CACD 30-Sep-1998
The defendants purported to serve a notice under Rule 24A(1) of the Crown Court Rules 1982 of an intention to apply for a hearing in camera of their application that the trial be stopped as an abuse of process.
Held: Where an application was . .
CitedC v Crown Prosecution Service Admn 8-Feb-2008
The court considered the practice of hearing submissions from the media in relation to reporting restrictions.
Held: Thomas LJ rejected the submission that, in conducting the Re S balancing exercise the Court should have regard to the public . .
CitedSecretary of State for the Home Department v MB; Same v AF HL 31-Oct-2007
Non-derogating control orders – HR Compliant
MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square . .
CitedWilliams v Home Office (No 2) 2-Jan-1981
The plaintiff prisoner had been transferred from ordinary prison to a special control unit which had been established at the prison as a means of containing and controlling prisoners who were considered to be troublemakers and inducing them to . .
CitedRegina v Chief Constable of West Midlands Police Ex Parte Wiley; Other Similar HL 14-Jul-1994
Statements made to the police to support a complaint against the police, were not part of the class of statements which could attract public interest immunity, and were therefore liable to disclosure.
Lord Woolf said: ‘The recognition of a new . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
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 . .
CitedRegina v Keane CACD 15-Mar-1994
Public Interest Immunity Certificates for the protection of informants must be used only carefully. The Crown must specify the purpose of the public interest immunity certificate. The principles on disclosure in Ward are not limited to scientific . .
CitedRegina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
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 . .
CitedConway v Rimmer HL 28-Feb-1968
Crown Privilege for Documents held by the Polie
The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these . .
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: . .
CitedRegina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
CitedMcCartan Turkington Breen (A Firm) v Times Newspapers Limited HL 2-Nov-2000
(Northern Ireland) The defendant reported a press conference at which the claims denying the criminal responsibility of an army private were made. The report was severely critical of the claimants, who then sued in defamation. The defendants claimed . .
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 . .
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. ‘ . .
CitedObserver and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
CitedPretto And Others v Italy ECHR 8-Dec-1983
The court considered the value of court proceedings being public: ‘The public character of proceedings before the judicial bodies referred to in Article 6(1) protects litigants against the administration of justice in secret with no public scrutiny; . .
CitedCampbell and Fell v The United Kingdom ECHR 28-Jun-1984
Campbell and others had been involved in conduct within the prison leading to charges against them of mutiny and of striking an officer with a broom handle. The nature of the conduct in question was plainly susceptible of giving rise to criminal . .
CitedHector v Attorney General of Antigua PC 1990
Lord Bridge of Harwich said that: ‘In a free democratic society it is almost too obvious to need stating that those who hold office in government and who are responsible for public administration must always be open to criticism. Any attempt to . .
CitedRegina v Felixstowe Justices ex parte Leigh CA 1987
The court considered the importance of the role played by the media in attending and reporting court proceedings. Watkins LJ said: ‘The role of the journalist and his importance for the public interest in the administration of justice has been . .
CitedAssenov and Others v Bulgaria ECHR 28-Oct-1998
An allegation of violence by a police officer did require a thorough, impartial and careful investigation by a suitable and independent state authority: ‘The court considers that in these circumstances, where an individual raises an arguable claim . .
CitedCorner 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 . .
CitedSecretary of State for the Home Department v Rehman HL 11-Oct-2001
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both . .
CitedTweed v Parades Commission for Northern Ireland HL 13-Dec-2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were . .

Cited by:
CitedAl-Sweady and Others, Regina (On the Application of) v Secretary Of State for Defence (PII) Admn 10-Jul-2009
The claimants alleged murder and ill-treatment by the British Armed forces in Iraq. The defendant had failed repeatedly to comply with disclosure orders and an indemnity costs award had been made against him. The defendant had in particular . .
See AlsoMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See AlsoMohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See AlsoMohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See AlsoBinyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .

Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights, Constitutional, Media

Updated: 01 November 2021; Ref: scu.282626

Otto-Preminger-Institut v Austria: ECHR 20 Sep 1994

Balance of Religious Tolerance and Freedom

The Institut operated a cinema. It announced a showing of a film ‘Das Liebenconzil’. Proceedings were brought against it, on complaint by the Roman Catholic Church, in which it was accused of ‘disparaging religious doctrine’. The film was seized before it could be shown. The Court found that in the film ‘God the Father is presented both in image and in text as a senile, impotent idiot, Christ as a cretin and Mary Mother of God as a wanton lady with a corresponding manner of expression and in which the Eucharist is ridiculed’ and its showing was a criminal offence under Austrian law.
Held: (Palm, Pekkanen, Makarczyk JJ dissenting) Article 10.2 includes an obligation to avoid as far as possible expressions that are gratuitously offensive to others, and thus an infringement of their rights: ‘Those who choose to exercise the freedom to manifest their religion, irrespective of whether they do so as members of a religious majority or a minority, cannot reasonably expect to be exempt from all criticism. They must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith. However, the manner in which religious beliefs and doctrines are opposed or denied is a matter which may engage the responsibility of the State, notably its responsibility to ensure the peaceful enjoyment of the right guaranteed under Article 9 (art. 9) to the holders of those beliefs and doctrines. Indeed, in extreme cases the effect of particular methods of opposing or denying religious beliefs can be such as to inhibit those who hold such beliefs from exercising their freedom to hold and express them.’
‘freedom of expression constitutes one of the essential foundations of a democratic society, one of the basic conditions for its progress and for the development of everyone. Subject to paragraph 2 of Article 10 (art. 10-2), it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that shock, offend or disturb the State or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no ‘democratic society’ . . This being so, as a matter of principle it may be considered necessary in certain democratic societies to sanction or even prevent improper attacks on objects of religious veneration, provided always that any ‘formality’, ‘condition’, ‘restriction’ or ‘penalty’ imposed be proportionate to the legitimate aim pursued’

R Ryssdal, P
13470/87, (1994) 19 EHRR 34, [1994] ECHR 26
Worldlii, Bailii
European Convention on Human Rights 9 10
Human Rights
Citing:
CitedKokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .
CitedHandyside v The United Kingdom ECHR 7-Dec-1976
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 . .

Cited by:
CitedRegina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
CitedGaunt 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 . .
CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Leading Case

Updated: 01 November 2021; Ref: scu.165328

The 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 ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference but also to those that offend, shock or disturb. Freedom of expression as enshrined in Article 10 is subject to a number of exceptions which, however, must be narrowly interpreted and the necessity for any restrictions must be convincingly established.’ and established by the party seeking to justify the interference. ‘Necessity’ means a pressing social need.

13166/87, [1992] 14 EHRR 123, [1991] ECHR 50, (1992) 14 EHRR 229
Worldlii, Bailii
European Convention on Human Rights 10
Human Rights
Cited by:
CitedPercy v Director of Public Prosecutions Admn 21-Dec-2001
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, . .
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 . .
CitedDow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
CitedHashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .
CitedA, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
CitedRantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
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 . .
CitedHowarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
howarth_cmpQBD2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
CitedDehal v Crown Prosecution Service Admn 27-Sep-2005
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Leading Case

Updated: 01 November 2021; Ref: scu.165138

JIH v News Group Newspapers Ltd: QBD 5 Nov 2010

The court was asked as to the circumstances under which the identity of a claimant should be protected in an action where he sought to restrain the publication of private information about him.
Held: Tugendhat J accepted the proposition advanced before him by Mr Tomlinson for JIH that: ‘Where the court has accepted that the publication of private information should be restrained, if the court is to avoid disclosing the information in question it must proceed in one of two alternative ways:
(1) If its public judgment or order directly or indirectly discloses the nature of the information in question then it should be anonymised;
(2) If the claimant is named in the public judgment or order then the information should not be directly or indirectly identified.’
‘where the complaint is one of press intrusion, ‘even when that information is not secret or unknown . . the repetition of known facts about an individual may amount to unjustified interference with the private lives not only of that person but also of those who are involved with him.’

Tugendhat J
[2010] EWHC 2818 (QB), [2011] EMLR 9
Bailii
England and Wales
Citing:
CitedGray v UVW QBD 21-Oct-2010
Application was made for the name of the defendant not to be published.
Held: To the extent that a claimant seeks an order for the anonymisation of any reports of the SOPO proceedings, then that jurisdiction derives from section 6(1) of 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 Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
CitedMicallef v Malta ECHR 15-Oct-2009
‘The Court reiterates that for Article 6(1) in its ‘civil’ limb to be applicable, there must be a dispute over a ‘civil right’ which can be said, at least on arguable grounds, to be recognised under domestic law’
Preliminary proceedings or . .
CitedX and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .

Cited by:
See AlsoJIH v News Group Newspapers Ltd (No. 2) QBD 18-Nov-2010
Explanation of reasons for anonymity order. . .
Appeal fromJIH 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, . .
CitedGoldsmith and Another v BCD QBD 22-Mar-2011
The claimants sought damages, alleging that the defendants had hacked into their e-mail accounts. The defendant now sought protection of her identity through anonymisation of the case.
Held: Granted. . .
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
goodwin_ngn4QBD11
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 . .
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 . .
CitedNNN v Ryan and Others QBD 20-Mar-2013
The Court gave its reasons for requiring the delivery up of materials said to be confidential and making an order for anonymity, finding that the claimant had been blackmailed. . .
CitedABC Ltd v Y ChD 6-Dec-2010
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties . .
CitedPJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Media

Updated: 01 November 2021; Ref: scu.425793

Douglas, 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 publishing them.
Held: Interlocutory injunctions restraining publication of the unauthorised photographs were lifted. A right of privacy could be derived from the equitable doctrine of confidence. The Act required respect to be given to respect for private and family life. Particular regard could be had to relevant codes of practice and conduct. In this case the Press Complaints Commission’s code applied. The new law required a remedy not just for those whose trust had been abused, but also for those whose privacy had been invaded. Sedley LJ said: ‘We have reached a point at which it can be said with confidence that the law recognises and will appropriately protect a right of personal privacy.’

Brooke, Sedley Keene LJJ
Times 16-Jan-2001, [2000] EWCA Civ 353, [2001] QB 967, [2001] 2 WLR 992, [2001] EMLR 9, [2001] FSR 40, [2001] 1 FLR 982, 9 BHRC 543, [2001] UKHRR 223, [2001] HRLR 26, [2001] 2 All ER 289, [2002] 1 FCR 289
Bailii
Human Rights Act 1998 12(3)
England and Wales
Citing:
CitedObserver and Guardian v The United Kingdom ECHR 26-Nov-1991
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book.
Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is . .
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:
CitedThe Home Office v Wainwright and Wainwright CA 20-Dec-2001
The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the . .
ApprovedA 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 . .
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 . .
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 . .
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 . .
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 . .
See AlsoDouglas, Zeta-Jones, Northern and Shell Plc v Hello! Ltd, Hola Sa, Junco, The Marquesa De Varela, Neneta Overseas Ltd, Ramey ChD 27-Jan-2003
The claimants sought an order striking out the defendants’ defence on the grounds that, by destroying documents, the possibility of a fair trial had been prejudiced.
Held: Refusing the order, save as to certain paragraphs of the defence, the . .
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 . .
CitedA Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
CitedMcKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
CitedX and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .
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 . .
CitedPayne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Intellectual Property, Human Rights, Media

Leading Case

Updated: 01 November 2021; Ref: scu.135624

Dzhugashvili v Russia (Dec) (Joseph Stalin): ECHR 9 Dec 2014

No defamation for deceased grandfather

ECHR Article 8-1
Respect for private life
Dismissal of claim for defamation of applicant’s grandfather, the former Soviet leader Joseph Stalin: inadmissible
Facts – The applicant is the grandson of the former Soviet leader, Joseph Stalin. In 2009 he sued the Novaya Gazeta newspaper for defamation after it published an article accusing leaders of the Soviet Politburo, including Stalin, of being ‘bound by much blood’ in the order to execute Polish prisoners of war at Katyn in 1940. The article described Stalin as a ‘bloodthirsty cannibal’ and also alleged that the Soviet leaders had ‘evaded moral responsibility for the extremely serious crime’. The District Court dismissed the claim after finding that the article contributed to a factual debate on a question of profound historical discussion and that Stalin’s role as a world-famous figure called for a higher degree of tolerance to public scrutiny and criticism.
The newspaper subsequently published a further article giving the background to the defamation proceedings. The applicant again sued, but his claim was dismissed on the grounds that the article constituted an expression of the author’s view of the initial defamation proceedings.
Law – Article 8: The Court reaffirmed the principle that publications concerning the reputation of a deceased member of a person’s family might, in certain circumstances, affect that person’s private life and identity and thus come within the scope of Article 8 (see Putistin v. Ukraine, 16882/03, 21 November 2013, Information Note 168). However, it distinguished between defamation of a private individual (as in Putistin), whose reputation as part and parcel of their families’ reputation remains within the scope of Article 8, and legitimate criticism of public figures who, by taking up leadership roles, expose themselves to outside scrutiny.
In the applicant’s case, the newspaper’s publication of the first article had contributed to a historical debate of public importance, concerning Joseph Stalin and his alleged role in the Katyn shootings. The second article concerned the author’s interpretation of the domestic court’s findings and could therefore be seen as a continuation of the same discussion. Furthermore, the Katyn tragedy and the related historical figures’ alleged roles and responsibilities inevitably remained open to public scrutiny and criticism, as they presented a matter of general interest for society. Given that cases such as the present one required the right to respect for private life to be balanced against the right to freedom of expression, the Court reiterated that it was an integral part of freedom of expression, guaranteed under Article 10 of the Convention, to seek historical truth.
In conformity with the principles laid down in the Court’s case-law, the national courts had considered that the articles contributed to a factual debate on events of exceptional public interest and importance, had found that Stalin’s historic role called for a high degree of tolerance to public scrutiny and criticism of his personality and actions, and had taken the highly emotional presentation of the opinions outlined within the articles into consideration, finding that they fell within the limits of acceptable criticism.
The national courts had thus struck a fair balance between the applicant’s privacy rights and journalistic freedom of expression.
Conclusion: inadmissible (manifestly ill-founded).

41123/10 – Legal Summary, [2014] ECHR 1448
Bailii
European Convention on Human Rights

Human Rights, Media, Defamation

Updated: 01 November 2021; Ref: scu.569487

Canal Digital Danmark A?S: ECJ 26 Oct 2016

Misleading Advertising of Subscription Charges

ECJ Judgment – Reference for a preliminary ruling – Unfair commercial practices – Directive 2005/29/EC – Articles 6 and 7 – Advertising relating to a satellite TV subscription – Subscription price including, in addition to the monthly subscription charge, a six-monthly charge for the card required for decoding emissions – Six-monthly charge omitted or presented in a less conspicuous manner than the monthly charge – Misleading action – Misleading omission – Transposition of a provision of a directive only in the preparatory work for the national transposing legislation and not in the wording of that legislation itself

ECLI:EU:C:2016:800, [2016] EUECJ C-611/14, [2016] WLR(D) 550
Bailii, WLRD
Directive 2005/29/EC
European

Commercial, Media

Updated: 01 November 2021; Ref: scu.570580

CTB v News Group Newspapers Ltd and Another (3): QBD 23 May 2011

ctb_ngn4QBD11

The defendant applied to be released from an injunction protecting the claimant’s privacy. It said that the claimant’s identity had been revealed on Twitter and now by a member of parliament in parliament.
Held: The application was refused. The purposes of such a privacy order included also protecting the claimant and his family from harassment. Though some of the purpose of the order might have been lost, if ‘the purpose of this injunction were to preserve a secret, it would have failed in its purpose. But in so far as its purpose is to prevent intrusion or harassment, it has not failed. The fact that tens of thousands of people have named the claimant on the internet confirms that the claimant and his family need protection from intrusion into their private and family life. The fact that a question has been asked in Parliament seems to me to increase, and not to diminish the strength of his case that he and his family need that protection. The order has not protected the claimant and his family from taunting on the internet. It is still effective to protect them from taunting and other intrusion and harassment in the print media.’

Tugendhat J
[2011] EWHC 1334 (QB)
Bailii
Citing:
CitedCTB v News Group Newspapers Ltd and Thomas (2) QBD 23-May-2011
ctb_ngn2QBD11
The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. . .
See AlsoCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
ctb_newsQBD11
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 . .

Cited by:
CitedPJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .

Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 31 October 2021; Ref: scu.440195

APW v WPA: QBD 8 Nov 2012

The claimant sought orders restricting publication by or on behalf of the defendant of confidential matters concerning their relationship. The defendant had refused to offer undertakings, saying that he had had no iintention to make any such disclosure. She also accused him of stalking her. He had continued to send text messages after being asked not to.
Held: Though the messages may have caused distress, and it was arguable that harassment had occurred, the coincidence of turing up at restaurants at the same time as her was not harassment: ‘Where a couple have broken up, one party to the relationship cannot complain that the other party simply goes to restaurants or other public places where the first one is, or may be, present, but then leaves immediately when requested to do so.’
Any further repetition of the text messages or similar would run a very clear risk of constituting harassment for which the claimant might receive damages. That was a sufficient remedy in this case.

Tugendhat J
[2012] EWHC 3151 (QB)
Bailii
Protection from Harassment Act 1997
England and Wales
Citing:
CitedThomas v News Group Newspapers Ltd and Simon Hughes CA 18-Jul-2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant.
Held: Repeated newspaper stories . .

Lists of cited by and citing cases may be incomplete.

Media, Information, Torts – Other

Leading Case

Updated: 31 October 2021; Ref: scu.465688

Attorney-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 made. The AG sought to restrain those publications.
Held: A duty of confidence arises when confidential information comes to the knowledge of a person (the confidant) in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others. There would be no point in imposing a duty of confidence in respect of the secrets of the marital bed if newspapers were free to publish those secrets when betrayed to them by the unfaithful partner. When trade secrets are betrayed by a confidant it is usually the third party who exploits the information and it is the activity of the third party that must be stopped.
The court could look to the Convention to help decide how common law should develop. There was in principle no difference between article 10 of the European Convention of Human Rights and the English law of confidence. ‘the principle of confidentiality only applies to information to the extent that it is confidential. In particular, once it has entered what is usually called the public domain (which means no more than that the information in question is so generally accessible that, in all the circumstances, it cannot be regarded as confidential) then, as a general rule, the principle of confidentiality can have no application to it.’ and ‘ I conceive it to be my duty, when I am free to do so, to interpret the law in accordance with the obligations of the Crown under [the Convention]. But for present purposes the important words are ‘when I am free to do so’. The sovereign legislator in the United Kingdom is Parliament. If Parliament has plainly laid down the law, it is the duty of the courts to apply it, whether that would involve the Crown in breach of an international treaty or not.’
Lord Griffiths considered the correct approach to the defence of public interest in a copyright action: ‘If Peter Wright owns the copyright in Spycatcher, which I doubt, it seems to me extremely unlikely that any court in this country would uphold his claim to copyright if any newspaper or any third party chose to publish Spycatcher and keep such profits as they might make to themselves. I would expect a judge to say that the disgraceful circumstances in which he wrote and published Spycatcher disentitled him to seek the assistance of the court to obtain any redress: see Glyn v Weston Feature Film Co. [1916] 1 Ch. 261.’ A third limiting principle of the protection afforded by the law of confidence was ‘although the basis of the law’s protection of confidence is that there is a public interest that confidences should be preserved and protected by the law, nevertheless that public interest may be outweighed by some other countervailing public interest which favours disclosure. This limitation may apply, as the learned judge pointed out, to all types of confidential information. It is this limiting principle which may require a court to carry out a balancing operation, weighing the public interest in maintaining confidence against a countervailing public interest favouring disclosure.’
Lord Jauncey said: ‘The courts of the United Kingdom will not enforce copyright claims in relation to every original literary work . . The publication of Spycatcher was against the public interest and was in breach of the duty of confidence which Peter Wright owed to the Crown. His action reeked of turpitude. It is in these circumstances inconceivable that a United Kingdom court would afford to him or his publishers any protection in relation to any copyright which either of them may possess in the book.’
Lord Goff of Chievely said that an obligation of confidence could arise even where the information in question had not been confided by a confider to a confidant: ‘I realise that, in the vast majority of cases, in particular those concerned with trade secrets, the duty of confidence will arise from a transaction or relationship between the parties – often a contract, in which event the duty may arise by reason of either an express or an implied term of that contract. It is in such cases as these that the expressions ‘confider’ and ‘confidant’ are perhaps most aptly employed. But it is well settled that a duty of confidence may arise in equity independently of such cases; and I have expressed the circumstances in which the duty arises in broad terms, not merely to embrace those cases where a third party receives information from a person who is under a duty of confidence in respect of it, knowing that it has been disclosed by that person to him in breach of his duty of confidence, but also to include certain situations, beloved of law teachers – where an obviously confidential document is wafted by an electric fan out of a window into a crowded street, or where an obviously confidential document, such as a private diary, is dropped in a public place, and is then picked up by a passer-by.’
Lord Goff set out three limiting principles for the rights of confidentiality: ‘The first limiting principle (which is rather an expression of the scope of the duty) is highly relevant to this appeal. It is that the principle of confidentiality only applies to information to the extent that it is confidential. In particular, once it has entered what is usually called the public domain (which means no more than that the information in question is so generally accessible that, in all the circumstances, it cannot be regarded as confidential) then, as a general rule, the principle of confidentiality can have no application to it.
The second limiting principle is that the duty of confidence applies neither to useless information, nor to trivia. There is no need for me to develop this point.
The third limiting principle is of far greater importance. It is that, although the basis of the law’s protection of confidence is that there is a public interest that confidences should be preserved and protected by the law, nevertheless that public interest may be outweighed by some other countervailing public interest which favours disclosure. This limitation may apply, as the learned judge pointed out, to all types of confidential information. It is this limiting principle which may require a court to carry out a balancing operation, weighing the public interest in maintaining confidence against a countervailing public interest favouring disclosure’.

Lord Goff of Chieveley, Lord Hutton, Lord Hobhouse of Woodborough, Lord Griffiths, Lord Jauncey
[1990] 1 AC 109, [1988] UKHL 6, [1987] 1 WLR 776, [1988] 3 All ER 545
Bailii
European Convention on Human Rights
England and Wales
Citing:
ApprovedO Mustad and Son v Dosen and Another; O Mustad and Son vAllcock HL 1924
(Heard in 1924, but noted only in 1963) Dosen worked for a company T under a contract of employment that included an undertaking to keep confidential information acquired at work. His employer went into liquidation. The benefit of that company’s . .
ApprovedLion Laboratories Ltd v Evans CA 1985
Lion Laboratories manufactured and marketed the Lion Intoximeter which was used by the police for measuring blood alcohol levels of motorists. Two ex-employees approached the Press with four documents taken from Lion. The documents indicated that . .
CitedGlyn v Weston Feature Film Co 1916
Relief for copyright infringement was refused where the nature of the work tended to gross immorality. Younger J said that it was: ‘clear law that copyright cannot exist in a work of a tendency so grossly immoral as this, a work which apart from its . .
CitedBile Bean Manufacturing Co v Davidson SCS 1906
The second division refused relief against copyright infringement to a company which had perpetrated a deliberate fraud on the public by a series of false factual statements about its products. Lord Justice-Clerk Lord Macdonald said: ‘No man is . .
CitedSlingsby v Bradford Patent Truck and Trolley Co 1905
Equitable relief was refused for an infringement of copyright where the work made false statements with intention to deceive the public. . .
See AlsoAttorney General v Guardian Newspapers Ltd (No.1) HL 13-Aug-1987
A retired secret service officer intended to publish his memoirs through the defendant. The house heard an appeal against a temporary injunction restraining publication.
Held: Lord Bridge delivered his dissenting speech in the case of . .
At First InstanceAttorney-General v Guardian Newspapers Ltd QBD 1988
A Mr Peter Wright had written a book about his service in MI5. The Crown sought to restrain publication of the book by newspapers and also, as against The Sunday Times, an account of profits.
Held: As to this latter Scott J, said: ‘I had . .
Appeal FromAttorney-General v Guardian Newspapers Ltd CA 2-Jan-1988
A former employee of the Secret Service had written a book (‘Spycatcher’). The AG sought several remedies including damages against a newspaper for serialising it. Dillon LJ said: ‘It has seemed to me throughout the hearing of this appeal that there . .

Cited by:
CitedAttorney-General v Greater Manchester Newspapers Ltd QBD 4-Dec-2001
The defendant newspaper had published facts relating to the whereabouts of two youths protected by injunction against the publication of any information likely to lead to their location. The injunction was not ambiguous or unclear. ‘Likely’ did not . .
CitedFrankson and Others v Secretary of State for the Home Department; Johns v Same CA 8-May-2003
The claimants sought damages for injuries alleged to have been received at the hands of prison officers whilst in prison. They now sought disclosure by the police of statements made to the police during the course of their investigation.
Held: . .
CitedKiam v MGN Ltd CA 28-Jan-2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably . .
CitedDirector of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
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 . .
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 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 . .
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 . .
CitedA, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
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 . .
CitedEPI Environmental Technologies Inc and Another v Symphony Plastic Technologies Plc and Another ChD 21-Dec-2004
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
CitedHyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell CA 10-Feb-2000
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death.
Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether . .
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 . .
CitedHellewell v Chief Constable of Derbyshire QBD 13-Jan-1995
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 . .
ApprovedDerbyshire 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 . .
CitedRegina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
CitedAxon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
CitedMcKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
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 . .
CitedLord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
CitedMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .
CitedCallaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
CitedMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
CitedBarclays Bank Plc v Guardian News Media Ltd QBD 19-Mar-2009
The bank sought continuation of an injunction preventing publication by the defendant of papers leaked to relating to the claimant’s tax management. The claimant claimed in confidentiality. The papers did not reveal any unlawful activity. The . .
CitedTchenguiz and Others v Imerman CA 29-Jul-2010
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order . .
CitedBritish Broadcasting Corporation v Harpercollins Publishers Ltd and Another ChD 4-Oct-2010
The claimant sought an injunction and damages to prevent the defendant publishing a book identifying himself as ‘the Stig’ saying that this broke his undertaking of confidentialty as to his identity, a necessary part of the character in the TV . .
CitedGray v News Group Newspapers Ltd and Another; Coogan v Same ChD 25-Feb-2011
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. . .
CitedSteen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another CA 23-Mar-2001
The appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor.
Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the . .
CitedCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
ctb_newsQBD11
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 . .
CitedCTB v News Group Newspapers Ltd and Thomas (2) QBD 23-May-2011
ctb_ngn2QBD11
The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. . .
CitedGoodwin v NGN Ltd and VBN QBD 9-Jun-2011
goodwin_ngn4QBD11
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 . .
CitedKJO v XIM QBD 7-Jul-2011
The claimant had, some 20 years previously, been convicted and sentenced for forgery of a will. The defendants, relatives, had ever since written to those with whom he had dealings to tell them of the conviction and facts. The claimant, unable to . .
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 . .
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 . .
CitedTwentieth Century Fox Film Corp and Others v Harris and Others ChD 5-Feb-2013
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright.
Held: He did not. No such argument could be shown to have suceeded before. . .
CitedVestergaard Frandsen A/S and Others v Bestnet Europe Ltd and Others SC 22-May-2013
The claimant companies appealed against a reversal of their judgment against a former employee that she had misused their confidential trade secrets after leaving their employment. The companies manufactured and supplied bednets designed to prevent . .
CitedMartin and Others Gabriele v Giambrone P/A Giambrone and Law QBNI 5-Mar-2013
The claimants had made investments through their solicitors, the defendants. The investments failed. The defendants were said to have made a foul and threatening posting on facebook about the claimant after failure in earlier proceedings. The . .
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 . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
CitedPJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
CitedWillers v Joyce and Another (Re: Gubay (Deceased) No 2) SC 20-Jul-2016
The Court was asked whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or the Supreme Court or Court of Appeal) on an earlier occasion. . .
CitedBancoult, Regina (on The Application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs SC 8-Feb-2018
Diplomatic Protection Lost to Public Domain
The claimant challenged the use of a Marine Protected Area Order to exclude the Chagossians from their homelands on their British Indian Overseas Territory. They had sought to have admitted and used in cross examination of witnesses leaked . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Information

Leading Case

Updated: 31 October 2021; Ref: scu.180685

Kirk Session of Sandown Free Presbyterian Church, Re Judicial Review: QBNI 22 Mar 2011

Ban on Gay Condemnation was Infringement

The church claimant was prohibited by the ASA from publishing a one page advert in a national newspaper condemning homosexuality. As well as stating that ‘the act of sodomy is a grave offence’ and ‘an abomination’, the banned advert had encouraged people to peacefully protest at a forthcoming ‘Gay Pride’ parade.
Held: The ban was disproportionate under Article 10(2) because of the importance of freedom of expression: ‘The applicant’s religious views and the biblical scripture which underpins those views no doubt cause offence, even serious offence, to those of a certain sexual orientation. Likewise, the practice of homosexuality may have a similar effect on those of a particular religious faith. But Art 10 protects expressive rights which offend shock or disturb… the respondent has failed to convincingly establish the necessity for such restriction which, in my view, disproportionately interferes with the applicant’s freedom of expression. In making this assessment I have taken into account the very particular context in which the advertisement was placed, the fact that the advertisement did not condone and was not likely to provoke violence, contained no exhortation to other improper or illegal activity, constituted a genuine attempt to stand up for their religious beliefs and to encourage others to similarly bear witness and did so by citing well known portions of scripture which underpinned their religious faith and their call to bear witness…’

Treacy J
[2011] NIQB 26, [2011] NI 242
Bailii
European Convention on Human Rights 10
Northern Ireland
Citing:
CitedHandyside v The United Kingdom ECHR 7-Dec-1976
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 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Leading Case

Updated: 31 October 2021; Ref: scu.440639

Financial Times Ltd and others v Interbrew SA: CA 8 Mar 2002

The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case seemed to have widened the meaning of ‘necessary in the interests of justice or national security or for the prevention of disorder or crime’ which was the test under section 10 for the disclosure against a newspaper. The human rights of freedom of the press also must be considered. The respondents sought to make a claim for breach of confidence, and accordingly the tests under section 10 was satisfied. The source’s evidently maleficent purpose was critical.
Sedley LJ acknowledged the need to read section 10 of the 1981 Act compatibly with the Convention: ‘The purpose of s.10 of the Contempt of Court Act 1981 is to limit to the necessary minimum any requirement upon journalists to reveal their sources. It has now to be read and applied by our courts, so far as possible, compatibly with the Convention rights: Human Rights Act 1998, s.3(1). For reasons touched on earlier in this judgment, there should be no difficulty about this; but that is not to say that the Convention can simply be treated as background, for it and its jurisprudence may both amplify and modify the hitherto accepted meaning and effect of s.10. For present purposes the Convention right which is in play is the qualified right spelt out in art. 10.’
Lord Justice Ward, Lord Justice Sedley, And, Lord Justice Longmore
Times 21-Mar-2002, Gazette 18-Apr-2002, [2002] EWCA Civ 274, [2002] 2 Lloyd’s Rep 229, [2002] EMLR 446
Bailii
Contempt of Court Act 1981 10, European Convention on Human Rights 10
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 . .
CitedAshworth Security Hospital v MGN Ltd CA 18-Dec-2000
The court can order the identity of a wrongdoer to be revealed where the person against whom the order was sought had become involved in his tortious acts. This might apply even where the acts were unlawful, but fell short of being tortious. There . .
CitedCamelot 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. . .
Appeal fromInterbrew SA v Financial Times Ltd and Others ChD 19-Dec-2001
The claimant was involved in takeover proceedings. Certain confidential documents were taken, doctored, and released to and published by the defendants who now resisted orders for disclosure of the source.
Held: The court must balance the . .
CitedP v T Ltd ChD 7-May-1997
A order for the disclosure of documents can be proper if it is the only method of founding proceedings against a third party, even though there might be no sufficient proof without the documents. An order was made because it was necessary in the . .

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 . .
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 . .
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 . .
CitedMohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Appeal fromFinancial 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 . .
CitedAMM v HXW QBD 7-Oct-2010
amm_hxwQBD10
The claimant had sought and been granted an injunction to prevent the defendant publicising matters which had passed between them and which were he said private.
Held: The jurisdiction to grant such injunctions was now established. Publication . .
CitedRichard v British Broadcasting Corporation (BBC) and Another ChD 26-May-2017
Disclosure of Journalists’s Source ordered
The claimant had been investigated in connection with allegations (not proceeded with) of historic sexual abuse. The first defendant received information in advance of a search of the claimant’s house, and filmed and broadcast this from a . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 October 2021; Ref: scu.167726

Attorney 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 writing of a book. Former members of the intelligence and security services owed a lifelong duty of non-disclosure in respect of secret and confidential information. But the law did not impose a duty which went beyond this.
Sir Richard Scott VC
Times 23-Apr-1996, [1997] Ch 84
England and Wales
Cited by:
Appeal fromAttorney-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 . .

These lists may be incomplete.
Updated: 17 July 2021; Ref: scu.77950

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.’
Cranston J
[2014] EWHC 167 (Admin)
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 . .

These lists may be incomplete.
Updated: 01 June 2021; Ref: scu.606370

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).
29804/10 – Legal Summary, [2014] ECHR 1284
Bailii
European Convention on Human Rights 10
Human Rights

Updated: 16 May 2021; 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.’
Moore-Bick LJ, Bean J
[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
Bailii
Police and Criminal Evidence Act 1984 9, Official Secrets Act 1989 1
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 . .

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.459730

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

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.86039

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.”
Lord Kerr, Lord Clarke, Lord Wilson, Lord Toulson, Lord Hodge
[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
Bailii, WLRD, SC, SC Summary, Bailii Summary
European Convention on Human Rights 8
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 . .

These lists may be incomplete.
Updated: 08 May 2021; Ref: scu.549907

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.
Picthford lJ, Kenneth Parker J
[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
Bailii, WLRD
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, . .

These lists may be incomplete.
Updated: 01 May 2021; Ref: scu.472037

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.
Lord Woolf M.R., Millett and Mummery L.JJ
Times 22-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3008, [1998] Ch 439, [1998] EMLR 309, [1998] 1 All ER 833
Bailii
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 . .

These lists may be incomplete.
Updated: 30 April 2021; Ref: scu.180885

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.
39315/06 – HEJUD, [2012] ECHR 1965
Bailii
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 . .

These lists may be incomplete.
Updated: 21 April 2021; Ref: scu.465974

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’.
Lord Bingham of Cornhill CJ
Times 02-May-1997, [1998] Ch 333, [1997] 1 WLR 927
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 . .

These lists may be incomplete.
Updated: 21 April 2021; Ref: scu.77990

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.
Nicola Davies J
[2012] EWHC 2103 (QB), [2013] EMLR 2
Bailii
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 . .

These lists may be incomplete.
Updated: 19 April 2021; Ref: scu.463284

Attorney-General v British Broadcasting Corporation; Same v Hat Trick Productions Ltd: CA 11 Jun 1996

The mention of a case on a television programme remained a contempt of court, despite the humorous context given to the remarks in the broadcast.
Auld LJ said: ‘The degree of risk of impact of a publication on a trial and the extent of that impact may both be affected, in differing degrees according to the circumstances, by the nature and form of the publication and how long it occurred before trial. Much depends on the combination of circumstances in the case in question and the court’s own assessment of their likely effect at the time of publication. This is essentially a value judgment for the court, albeit that it must be sure of its judgment before it can find that there has been contempt. There is little value in making detailed comparisons with the facts of other cases.’
Auld LJ
Times 26-Jul-1996, [1997] EMLR 76
Contempt of Court Act 1981
England and Wales
Citing:
CitedAttorney-General v News Group Newspapers Ltd CA 1986
When considering a complaint of contempt of court against a newspaper, it should be recognised that any criminal trial, by its very nature, causes all involved in it to become progressively more inward looking, with the capacity to study the . .

Cited by:
CitedAttorney General v Random House Group Ltd QBD 15-Jul-2009
The Attorney-General sought to restrain the publication of a book which she said would prejudice the defendants in a forthcoming criminal trial. The publisher said that a restraint would be a disproportionate interference in its Article 10 rights. . .
CitedAttorney General v Associated Newspapers Ltd and Another Admn 3-Mar-2011
Complaint was made that the defendant newspapers were in contempt of court in publishing on their respective web-sites showing the defendant in the criminal trial brandishing a gun, and claiming that he was boasting of his involvement.
Held: . .

These lists may be incomplete.
Updated: 11 April 2021; Ref: scu.77984

Regina v Broadcasting Complaints Commission Ex Parte Granada Television Ltd: CA 16 Dec 1994

The Broadasting Complaints Commission had been established to determine questions of privacy, and the courts should be slow to intervene. The right of privacy of an individual had not been lost by past publicity. That privacy had been infringed by the broadcast complained of, and the commissions decision was not unreasonable. The privacy of bereaved families was infringed by photographs even if the family was otherwise notorious.
Gazette 15-Feb-1995, Ind Summary 20-Feb-1995, Times 16-Dec-1994, [1995] EMLR 16
Broadcasting Act 1990 143
England and Wales
Citing:
CitedRegina v Broadcasting Complaints Commission, ex Parte Granada Television Ltd QBD 31-May-1993
The Commission had not been unreasonable in taking the view that a broadcast had infringed the privacy of the subject of the complaint. Judicial Review was not available against BBC for infringement of privacy. . .

Cited by:
CitedMcKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
CitedCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
ctb_newsQBD11
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 . .

These lists may be incomplete.
Updated: 10 April 2021; Ref: scu.86221

In 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 welfare the court is exercising a supervisory role is ‘ . . . theoretically unlimited. But in practice its exercise is limited by the nature and source of the jurisdiction itself, which is historically derived from the protective jurisdiction of the Crown as parens patriae’
Millett LJ
Times 25-Apr-1994, [1994] 1 Fam 254
Children and Young Persons Act 1933 39
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 . .
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 . .

These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.82140

Re Guardian Newspapers and Others: CACD 20 Sep 1993

An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written submissions from an appellant or applicant would be permitted.
Times 26-Oct-1993, Ind Summary 20-Sep-1993
Criminal Appeal Rules 1968 16A 16B, Contempt of Court Act 1981 4(2)
England and Wales
Cited by:
CitedA and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .

These lists may be incomplete.
Updated: 08 April 2021; Ref: scu.85788

A v The Secretary of State for The Home Department: SCS 17 May 2013

The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the Contempt of Court Act 1981 (the 1981 Act) prohibiting publication of the name of the petitioner and other matters (the section 11 order).
The Lord President
[2013] ScotCS CSIH – 43, 2013 SC 533, 2013 SLT 749, 2013 GWD 19-377
Bailii
Scotland
Citing:
LeaveA, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002 SCS 18-Nov-2008
Application for permission to appeal against a determination of the Asylum and Immigration Tribunal . .

Cited by:
At Court of SessionA v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .

These lists may be incomplete.
Updated: 28 March 2021; Ref: scu.510125

Guardian News and Media Ltd and Others v R and Incedal: CACD 9 Feb 2016

Appeal against refusal of permission to report trial. The prosecution said that there was a threat to national security owing to the nature of the evidence to be given, and the trial was to be held in camera.
Held: The Court gave guidance as to the proper approach to be taken and as to the respective roles of the DPP and the Courts.
Lord Thomas of Cwmgiedd CJ, Hallett, Sharpe LJJ
[2016] EWCA Crim 11, [2016] 1 WLR 1767, [2016] EMLR 14, [2016] WLR(D) 67, [2016] HRLR 9, [2016] Crim LR 433, (2016) 180 JP 233, [2017] 2 All ER 121, [2016] 1 Cr App R 33
Bailii, WLRD
England and Wales
Citing:
See alsoGuardian News and Media Ltd and Others v Incedal CACD 24-Sep-2014
. .

These lists may be incomplete.
Updated: 28 March 2021; Ref: scu.559669

Viagogo Ltd v Myles and Others: ChD 23 Feb 2012

Reasons for dismissal of request for order restraining transmission of TV programme about the claimant’s business practices.
Hildyard J
[2012] EWHC 433 (Ch)
Bailii
England and Wales
Cited by:
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 . .

These lists may be incomplete.
Updated: 25 March 2021; Ref: scu.452835

OPO 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: OPO’s claim was an attempt by the mother to stop the father from selling his life story to the public because she believes that it would traumatise their child if he were to learn about it. He found that the danger to the child was not the publication of the Work but the fact that extracts from it would become available on the internet: ‘The factual evidence is that it is most unlikely that the claimant would come into possession of the book as such: but that he is a bright 11 year old who does Google searches on his father which would lead him to reviews of the book, extracts from it or references to its contents in (for example) his father’s Wikipedia entry. In a witness statement, filed during the hearing before me, the mother states that the claimant found a reference to his father having been abused as a child and asked her what that meant. The mother has blocked certain sites on the claimant’s computer but of course will not have the same degree of control over what he might view at school or elsewhere.’
There was no cause of action for MPI because the information was about MLA, not about the private lives of OPO or his mother.
There was no cause of action in negligence on the grounds of policy. Negligence requires a duty of care, breach of the duty of care and damage. The judge held that on policy grounds the law did not impose a duty of care on a parent to his child in respect of matters arising out of the child’s upbringing.
Bean J
[2014] EWHC 2468 (QB)
Bailii
European Convention on Human Rights 8 10
England and Wales
Citing:
CitedWilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
CitedWainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
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: . .
CitedMurray 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 . .
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 . .
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 . .
CitedWong v Parkside Health NHS Trust and Another CA 16-Nov-2001
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force . .
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 . .
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 . .
CitedIn re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
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 . .
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, . .
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 . .

Cited by:
CitedOPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .
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: . .
Appeal FromOPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .
At First InstanceRhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .

These lists may be incomplete.
Updated: 20 March 2021; Ref: scu.553269

BBC, Petitioners: HCJ 11 Apr 2000

The absence of a jury from a criminal trial was not sufficient of itself to set aside the rule against the broadcasting of criminal proceedings. To set aside the rule, the onus was on the broadcaster to justify the departure from the rule and to persuade the court that there would be no interference in the proper administration of justice. It was not for the courts to justify acting in accordance with the rule.
Times 11-Apr-2000, 2001 SCCR 440
Contempt of Court Act 1981
Scotland
Cited by:
See AlsoBBC, Petitioners (No 2) HCJ 13-Jun-2000
A ban on the televising of the Lockerbie trial was not a breach of the broadcasters rights under article 10. The fact that arrangements had been made for the trial to be relayed by television under strict conditions to relatives of the deceased, but . .
CitedHer Majesty’s Advocate v William Frederick Ian Beggs (Opinion No 1) HCJ 17-Sep-2001
The defendant complained that the publicity preceding his trial for a notorious murder would prejudice his right to a fair trial, and sought an order under the 1981 Act to delay any further publicity until after the trial, partcularly where previous . .

These lists may be incomplete.
Updated: 13 March 2021; Ref: scu.78300

Editions Plon (Societe) v France: ECHR 15 Sep 2010

The case concerns the banning of distribution, in January 1996, of the book ‘Le Grand Secret’, co-authored by a journalist and President Mitterrand’s personal physician. The book was published by the applicant company nine days after the President’s death. It disclosed that the President had been suffering from cancer, diagnosed as early as 1981 some months after he was first elected President of the French Republic.
After the President’s widow and children had applied for an injunction, the civil courts prohibited the distribution of the book, at first provisionally following the application, then permanently. After finding that both prohibitive measures had been in accordance with the law and pursued legitimate aims within the meaning of Article 10, the European Court noted that the injunction granted as a strictly temporary protective measure could be deemed necessary in a democratic society to protect the rights of the President and his heirs. It held, however, that the absolute permanent ban ordered by the trial and appeal courts no longer met a ‘pressing social need’ and was therefore disproportionate to the aims pursued (violation of Article 10).
[2010] ECHR 1433
Bailii
Cited by:
CitedPJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .

These lists may be incomplete.
Updated: 12 March 2021; Ref: scu.440175

Goodwin v News Group Newspapers Ltd: QBD 23 May 2011

The claimant had obtained orders restricting publication by the defendant of stories of his relationship with a woman. The order had also restrained publication of their names. The names had since been revealed under parliamentary prvilege, and the defendant sought the discharge of the order.
Held: This had not been a ‘superinjunction’, and there had been no restriction on relevant publications to the FSA.
Tugendhat J
[2011] EWHC 1309 (QB)
Bailii
Citing:
See AlsoMNB v News Group Newspapers Ltd QBD 9-Mar-2011
The defendant resisted an order preventing disclosure of information said by the claimant to be private.
Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. . .

Cited by:
See AlsoGoodwin v News Group Newspapers Ltd QBD 27-May-2011
An associated claimant alleged contempt against another newspaper for publishing matters so as to defeat the purposes of a privacy injunction granted to her.
Held: Even though the principle claimant had been subsequenty identified with the . .
See AlsoGoodwin v NGN Ltd and VBN QBD 9-Jun-2011
goodwin_ngn4QBD11
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 . .

These lists may be incomplete.
Updated: 11 March 2021; Ref: scu.440086

Mosley v The United Kingdom: ECHR 10 May 2011

The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes at the outset that this is not a case where there are no measures in place to ensure protection of Article 8 rights. A system of self-regulation of the press has been established in the United Kingdom, with guidance provided in the Editors’ Code and Codebook and oversight of journalists’ and editors’ conduct by the PCC . . This system reflects the 1970 declaration, the 1998 resolution and the 2008 resolution of the Parliamentary Assembly of the Council of Europe . . While the PCC itself has no power to award damages, an individual may commence civil proceedings in respect of any alleged violation of the right to respect for private life which, if successful, can lead to a damages award in his favour. In the applicant’s case, for example, the newspaper was required to pay GBP 60,000 damages, approximately GBP 420,000 in respect of the applicant’s costs and an unspecified sum in respect of its own legal costs in defending the claim. The Court is of the view that such awards can reasonably be expected to have a salutary effect on journalistic practices. Further, if an individual is aware of a pending publication relating to his private life, he is entitled to seek an interim injunction preventing publication of the material. Again, the Court notes that the availability of civil proceedings and interim injunctions is fully in line with the provisions of the Parliamentary Assembly’s 1998 resolution (see paragraph 58 above). Further protection for individuals is provided by the Data Protection Act 1998, which sets out the right to have unlawfully collected or inaccurate data destroyed or rectified . . The Court, like the Parliamentary Assembly, recognises that the private lives of those in the public eye have become a highly lucrative commodity for certain sectors of the media . . The publication of news about such persons contributes to the variety of information available to the public and, although generally for the purposes of entertainment rather than education, undoubtedly benefits from the protection of Article 10. However, as noted above, such protection may cede to the requirements of Article 8 where the information at stake is of a private and intimate nature and there is no public interest in its dissemination.’
Lech Garlicki, P
[2011] ECHR 774, 48009/08, [2012] EMLR 1, [2012] 1 FCR 99, (2011) 31 BHRC 409, (2011) 53 EHRR 30
Bailii
European Convention on Human Rights 8 10, Rehabilitation of Offenders Act 1974
Human Rights
Citing:
See AlsoMosley v The United Kingdom ECHR 22-Oct-2009
. .
See AlsoMosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .
See AlsoMosley v News Group Newspapers Ltd Admn 1-Jul-2008
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The . .
See AlsoMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .

Cited by:
CitedCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
ctb_newsQBD11
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
goodwin_ngn4QBD11
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
fedinand_mgnQBD2011
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 . .
CitedT, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
451001
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
CitedSeckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedPJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .

These lists may be incomplete.
Updated: 11 March 2021; Ref: scu.439624

Ambrosiadou v Coward: CA 12 Apr 2011

The claimant appealed against a refusal to continue an injunction restricting publication of documents filed within divorce ancillary relief proceedings.
Lord Neuberger MR, Leveson, Pitchford LJJ
[2011] EWCA Civ 409
Bailii
England and Wales
Citing:
Appeal fromAmbrosiadou v Coward QBD 15-Jul-2010
. .

Cited by:
CitedCTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
ctb_newsQBD11
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 . .

These lists may be incomplete.
Updated: 07 March 2021; Ref: scu.432646

Telefonica Moviles Espana (Freedom To Provide Services): ECJ 10 Mar 2011

ECJ Telecommunication services – Directive 97/13/EC – General authorisations and individual licences – Fees and charges applicable to undertakings holding individual licences – Article 11(2) – Interpretation – National legislation which does not allocate any special use to a fee – Increase in the fee for digital systems, but no change in the fee for first generation analogue systems – Compatibility.
C-85/10, [2011] EUECJ C-85/10
Bailii
European

Updated: 06 March 2021; Ref: scu.430727

Commission v Belgium C-134/10: ECJ 3 Mar 2011

ECJ (Freedom To Provide Services) Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Article 31 – Criteria for awarding ‘must-carry’ status – General interest objectives permitting the award of that status – Impact of the number of end-users of communications networks on the award of that status – Principle of proportionality.
[2011] EUECJ C-134/10
Bailii
Directive 2002/22/EC
European

Updated: 05 March 2021; Ref: scu.430335

In re TM: FD 12 Dec 2013

Application by an NHS Trust for the consent or approbation of the court to proposed medical treatment of a seven-year-old child. The child was born with multiple medical problems, and as a result, very considerable mental and physical developmental delay. She has received a great deal of help and treatment throughout her life from the hospital of the NHS Trust. There had been a good working relationship between the staff and treating doctors and the parents, and in particular with the mother of the child, with whom she lived. ‘The purpose of these few words is solely to explain why I am imposing temporarily what has just been described as a blanket injunction on any reporting whatsoever – whether in a newspaper, by broadcast, or in any form of web-based communication – of the existence of these proceedings or anything that has taken place in court today. I do so because that is, of course, a very strong and grave restriction on the Convention right of freedom of expression which underpins the democratic rights of us all. These proceedings were listed for hearing in public, and every single word of them today has taken place in public, with journalists present in the court room. I am now delivering this short judgment in public, but this judgment, like everything else that has been said today, will also be the subject of the same temporary blanket restraint.’
Holman J
[2013] EWHC 4043 (Fam)
Bailii
England and Wales

Updated: 03 March 2021; Ref: scu.519045

HM Revenue and Customs v Banerjee (1): ChD 19 Jun 2009

The taxpayer sought anonymity in the reporting of the case against her.
Held: No, she could not be given anonymity.
Henderson J said: ‘In determining whether it is necessary to hold a hearing in private, or to grant anonymity to a party, the court will consider whether, and if so to what extent, such an order is necessary to protect the privacy of confidential information relating to the party, or (in terms of Article 8 of the Convention) the extent to which the party’s right to respect for his or her private life would be interfered with. The relevant test to be applied in deciding whether a person’s Article 8(1) rights would be interfered with in the first place, or in other words whether the Article is engaged so as to require justification under Article 8(2), is whether in respect of the disclosed facts the person in question had a reasonable expectation of privacy: see Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457, at paragraph 21 per Lord Nicholls of Birkenhead, and Murray v Express Newspapers Plc [2008] EWCA Civ 446, [2008] 3 WLR 1360, at paragraph 24 of the judgment of the court. If Article 8(1) is engaged, the court will then need to conduct a balancing exercise on the facts, weighing the extent of the interference with the individual’s privacy on the one hand against the general interest at issue on the other hand. In cases involving the media, the competing general interest will normally be the right of freedom of expression under Article 10 of the Convention. In cases of the present type, the competing interest is the general imperative for justice to be done in public, as confirmed by Article 6(1) of the Convention.’
Henderson J
[2009] EWHC 1229 (Ch), [2009] EMLR 24, [2009] BTC 337, [2009] STC 1930, [2009] STI 1963, [2009] 3 All ER 930
Bailii
England and Wales
Citing:
See AlsoHM Revenue and Customs v Banerjee (No 2) ChD 19-Jun-2009
The court was asked whether the taxpayer dermatologist could deduct the expenses of attending educational courses, conferences and meetings, including associated costs of travel and accommodation.
Held: She could. . .

Cited by:
CitedImerman v Tchenguiz and Others QBD 27-Jul-2009
It was said that the defendant had taken private and confidential material from the claimant’s computer. The claimant sought summary judgement for the return of materials and destruction of copies. The defendant denied that summary judgement was . .
See AlsoHM Revenue and Customs v Banerjee CA 28-Jul-2010
The taxpayer doctor had claimed against her income tax, the costs of attending training courses required under her employment contract and for professional development. The Revenue appealed against a decision allowing the expenses.
Held: 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 . .

These lists may be incomplete.
Updated: 20 February 2021; Ref: scu.347121

Mosley v The United Kingdom: ECHR 22 Oct 2009

48009/08, [2009] ECHR 1840
Bailii
European Convention on Human Rights
Citing:
See AlsoMosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .
See AlsoMosley v News Group Newspapers Ltd Admn 1-Jul-2008
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The . .
See AlsoMosley v News Group Newspapers Ltd QBD 24-Jul-2008
mosley_newsgroupQBD2008
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 . .

Cited by:
See AlsoMosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .

These lists may be incomplete.
Updated: 19 February 2021; Ref: scu.381359

Phonographic Performance Ltd v AEI Rediffusion Music Ltd: ChD 14 Jul 1997

An authorisation to broadcast sound recording included right to make back up tapes, but not to keep that back up beyond 28 days. Broadcasters are bound by an obligation to destroy copies of material which had been used for broadcast within 28 days unless a licence given otherwise.
Times 14-Jul-1997, Gazette 23-Jul-1997
Copyright Designs and Patents Act 1988 13 68
England and Wales
Cited by:
Appeal fromAEI Rediffusion Music Ltd v Phonographic Performance Ltd CA 1-Feb-1999
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on . .

These lists may be incomplete.
Updated: 15 February 2021; Ref: scu.84724

Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994

The newspaper said that a finding against it of contempt of court for publishing material derived from a jury’s deliberations infringed its rights of free speech.
Held: The complaint was declared inadmissible. ‘The Commission agrees with the applicants that the fines imposed in the present case amounted to an interference with the applicants’ freedom of expression, and also agrees that the interference was ‘prescribed by law’. In connection with the question whether the interference pursued a legitimate aim, the Commission finds, as indeed the applicants accept, that the aim was to maintain the authority and impartiality of the judiciary. It would add that the term ‘judiciary’ comprises the entire machinery of justice, including the proper functioning of the jury system (cf., Euro. Court H.R., Sunday Times judgment of 26 April 1979, Series A no. 30, p. 34, para. 55). It is an important element of that system that jurors should express themselves freely in the jury room without fear of outside disclosure of their views and opinions. To this extent the law may also serve to protect the rights of individual jurors themselves.
. . In connection with the legislation as such [the 1981 Act], the Commission notes that the jury system in the United Kingdom is founded on the premise that jurors will express themselves freely in the jury room in the knowledge that what they say will not be used outside. If a juror thought that what he said could subsequently be made public, it is possible that he would bear in mind the future use to which his words might be put, and not just the case in hand. The unlimited prohibition on disclosure is then seen to be an inevitable protection for jurors and can therefore be regarded as ‘necessary’ in a democratic society which has decided to retain this particular form of jury trial.’,br />The Commission added that it was not called on to assess the compatibility of section 8 with article 10 in circumstances involving a conviction for research into jury methods as such, and stated: ‘The present case relates rather to revelations of the jury’s deliberations in one specific case of considerable public interest, including statements by the jurors concerned about the opinions and attitudes of other members of the jury. The applicants were well aware that the information they published was sensitive, and should have been aware that its disclosure could put other individual jurors in an invidious position.
The Commission finds, in the circumstances of the present case, that the interference with the applicants’ freedom of expression did not take the State beyond the margin of appreciation which it enjoyed.’
Mm A Weizel P
24770/94, [1994] ECHR 58
HUDOC, Bailii
Citing:
Appeal fromHM Attorney-General v Associated Newspapers Ltd and Others HL 4-Feb-1994
Following the acquittal of a prominent politician on a charge of conspiracy to murder, the New Statesman magazine published an article, based on an interview with one of the jurors, which gave an account of significant parts of the jury’s . .
At First InstanceHM Attorney General v Associated Newspapers Ltd and Others QBD 9-Dec-1992
A newspaper was held to have been in contempt of court for publishing details of the deliberations of a jury, even though it had not solicited the information. Beldam LJ said of the word ‘disclosure’: ‘It is a word wide enough to encompass the . .

Cited by:
CitedHM Attorney General v Seckerson and Times Newspapers Ltd Admn 13-May-2009
ag_seckersonAdmn2009
The first defendant had been foreman of a jury in a criminal trial. He was accused of disclosing details of the jury’s votes and their considerations with concerns about the expert witnesses to the second defendant. The parties disputed the extent . .

These lists may be incomplete.
Updated: 14 February 2021; Ref: scu.343072

Regina v Independent Television Commission ex parte Flextech Plc and others and Sci-Fi Channel Europe Llc: QBD 6 Nov 1998

The ITC has the power to prevent agreements inconsistent with fair competition. It had been right to prevent the supply of channels only as part of bundled package with no a la carte choice. Minimum packages sold through retailers could be prohibited.
Maurice Kay J
Times 27-Nov-1998, [1998] EWHC Admin 1050
Broadcasting Act 1990 2(2)
England and Wales

Updated: 13 February 2021; Ref: scu.86932

A v British Broadcasting Corporation and others: SCS 11 Feb 2009

[2009] ScotCS CSOH – 18
Bailii
Scotland
Cited by:
At Outer HouseA v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .

These lists may be incomplete.
Updated: 13 February 2021; Ref: scu.291789

Ashdown v Telegraph Group Ltd: ChD 11 Jan 2001

The claimant, during his career had written private diaries, including minutes of secret political meetings. As he stepped down from leadership, he began to arrange publication. Before this was complete, the defendant published extracts. He complained of breach of copyright.
Held: The claim succeeded. The VC granted a final injunction against any further infringement and directed disclosure of information to enable Mr Ashdown to exercise his right of election between damages and an account of profits. The Human Rights Act did not operate to extend the defences available to a claim for copyright infringement, on the basis that it was needed to provide for freedom of the press. The needs of the right to freedom of expression were satisfied by the defences available under the Act, including that of fair dealing, and there was no need to consider the individual facts of each situation. The need to have particular regard to an element did not mean that it should be given extra weight.
Sir Andrew Morritt V-C considered the meaning of ‘criticism and review’, saying: ‘I accept, of course, that the expression ‘criticism and review’ is of wide import. Cf Robert Walker LJ in Pro Sieben Media AG v. Carlton UK Television Ltd [1999] 1 WLR 605, 614G. Likewise I accept that it is necessary to have regard to the true purpose of the work. Is it ‘a genuine piece of criticism or review, or is it something else, such as the attempt to dress up the infringement of another’s copyright in the guise of criticism, and so profit unfairly from another’s work’? Cf Henry LJ in Time Warner Entertainments Co LP v. Channel Four Television Corpn plc [1994] EMLR 1, 14. But what is required is that the copying shall take place as part of and for the purpose of criticising and reviewing the work. The work is the minute. But the articles are not criticising or reviewing the minute: they are criticising or reviewing the actions of the Prime Minister and the claimant in October 1997′
Sir Andrew Morritt VC
Times 06-Feb-2001, Gazette 22-Feb-2001, [2001] EWHC Ch 28, [2001] 2 WLR 967
Bailii
Copyright Designs and Patents Act 1988, European Convention on Human Rights 10
England and Wales
Citing:
CitedTime Warner Entertainments LP v Channel Four Television Corporation plc CA 1994
In testing whether a defence to copyright infringement of fair dealing succeeds, the court can take note of the actual purpose of the work, and will look carefully to verify the claimed purpose: ‘it is necessary to have regard to the true purpose of . .

Cited by:
Appeal fromAshdown v Telegraph Group Ltd CA 18-Jul-2001
The appellant complained that a part of his confidential diaries had been republished without his consent by the defendant newspaper group. The defendant appealed, saying that the publication was fair dealing.
Held: The exceptions within the . .
CitedFraser-Woodward Ltd v British Broadcasting Corporation Brighter Pictures Ltd ChD 23-Mar-2005
The claimant asserted infringement of copyright by the defendants in photographs of the family of David Beckham. The defendant admitted using the photographs but asserted that no permission was required since the use was a fair dealing.
Held: . .
CitedForensic Telecommunications Services Ltd v West Yorkshire Police and Another ChD 9-Nov-2011
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones.
Held: ‘the present case is concerned with a collection . .
CitedThe Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others ChD 26-Nov-2010
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they . .

These lists may be incomplete.
Updated: 13 February 2021; Ref: scu.77890

Sloan v B: SCS 12 Jun 1991

Lord President Hope, delivering the opinion of the court, explained that it is by an application of the same principle that it has long been recognised that proceedings in open court may be reported in the press and by other methods of broadcasting in the media: ‘There is no doubt that as a general rule the proceedings of a court are open to the public, and thus to public scrutiny, at all times. Exceptions have to be made in special circumstances to allow the court to conduct its proceedings behind closed doors where the interests of justice require this to be done. But that is always the exception, and the general principle which applies equally in the sheriff court as it does in the Court of Session is that the court sits both for the hearing of cases and for the advising of them with open doors.’
Lord President Hope
[1991] ScotCS CSIH – 4, 1991 SLT 530, 1991 SC 412
Bailii
Scotland
Citing:
CitedRichardson v Wilson SCS 1879
Lord President Inglis discussed the principle that the reporting of court cases had to be open: ‘The principle on which this rule is founded seems to be that, as courts of justice are open to the public, anything that takes place before a judge or . .

Cited by:
CitedA v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .

These lists may be incomplete.
Updated: 12 February 2021; Ref: scu.279554