Tag: Media

Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove the threat, and could the threat of harm be achieved by some lesser order. Only then could a court come to ask whether the degree of risk which might be run outweighed the competing duty to provide an open system of justice This was a case in which it had been necessary to order a split trial, and in addition to other factors the later trial may have been prejudiced by reporting of the first, and the order was properly made.
Longmore LJ said: ‘It is clear that the duty of the Court of Appeal when exercising this jurisdiction is not merely to review the decision of the trial judge who made the order under challenge, but rather to come to its own independent conclusions on the material placed before it’

Judges:

Longmore LJ

Citations:

Times 12-Jun-2001, Gazette 12-Jul-2001, [2001] EWCA Crim 1075, [2001] 1 WLR 1983

Links:

Bailii

Statutes:

Contempt of Court Act 1981 4(2), Criminal Justice Act 1988 159, European Convention on Human Rights 6 10

Jurisdiction:

England and Wales

Cited by:

Cited – A 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 . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media, Human Rights, Criminal Practice

Updated: 19 May 2022; Ref: scu.88666

Regina v West (Rosemary): CACD 3 Apr 1996

Payments to witnesses in criminal trials by media need investigation and control. Nevertheless, the fact that a number of witnesses had sold their stories to the media before the trial, which was disclosed to the defence before or during the trial, was not considered to give rise to even an arguable ground of appeal. Lord Taylor CJ said: ‘But, however lurid the reporting, there can scarcely ever have been a case more calculated to shock the public who were entitled to know the facts. The question raised on behalf of the defence is whether a fair trial could be held after such intensive publicity adverse to the accused. In our view, it could. To hold otherwise would mean that if allegations of murder are sufficiently horrendous so as inevitably to shock the nation, the accused cannot be tried. That would be absurd. Moreover, providing the judge effectively warns the jury to act only on the evidence given in court, there is no reason to suppose that they would do otherwise.’

Judges:

Lord Taylor CJ

Citations:

Times 03-Apr-1996, [1996] 2 Cr App R 374, 95/7813/S2

Jurisdiction:

England and Wales

Cited by:

Cited – Steele, Whomes and Corry , Regina v CACD 22-Feb-2006
The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the . .
Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – HM Attorney General v MGN Ltd and Another Admn 29-Jul-2011
The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 19 May 2022; Ref: scu.88287

Mehdi Norowzian v Arks Ltd and Guinness Brewing Worldwide Limited (No 2): CA 11 Nov 1999

The claimant film artist showed a film to an advertising agency, who did not make use of it, but later appeared to use techniques and styles displayed in the film in subsequent material sold to third parties.
Held: A film was protected as a dramatic work subject to copyright law, but not the artistic techniques demonstrated in it. ‘[W]here it is not suggested that the judge has made any error of principle a party should not come to the Court of Appeal simply in the hope that the impression formed by the judges in this court, or at least by two of them, will be different from that of the trial judge.’ As to jurisdiction: ‘On the other hand the standards applied by the law in different context vary a great deal in precision and generally speaking, the vaguer the standard and the greater the number of factors which the court has to weigh up in deciding whether the standards have been met, the more reluctant an appellant court will be to interfere with the trial judge’s decision.’

Judges:

Buxton, Nourse, Brooke LJJ

Citations:

Times 11-Nov-1999, Gazette 25-Nov-1999, [2000] FSR 363, [2000] EMLR 67, [1999] EWCA Civ 3014, [1999] EWCA Civ 3018, [2000] ECDR 205

Links:

Bailii, Bailii

Statutes:

Copyright Designs and Patents Act 1988

Jurisdiction:

England and Wales

Citing:

Appeal from – Norowzian v Arks Limited and Others ChD 17-Jul-1998
A film whose defining and innovative characteristic was the editing which produced stylised jumps in the action, which were incapable of performance by the actor, was not a dramatic work protected by copyright. A film per se cannot be a dramatic . .
Cited – Biogen Plc v Medeva Plc HL 31-Oct-1996
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the . .
Cited – Ex parte Firth , In re Cowburn 1882
The court considered the practice where a point of law was raised first only on appeal: ‘the rule is that, if a point was not taken before the tribunal which hears the evidence, and evidence could have been adduced which by any possibility would . .
Cited – Pro Sieben Media AG v Carlton Television Ltd and Another CA 7-Jan-1999
The defendant was accused of infringing copyright in a TV programme relating to the pregnancy of a woman with eight foetuses. The defendant claimed fair dealing, but that defence was rejected by the trial judge.
Held: The decision was . .

Cited by:

Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC) HL 28-Nov-2000
Copyright Claim: Was it Copied, and How Much?
The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the . .
Cited – Bessant and others v South Cone Incorporated; in re REEF Trade Mark CA 28-May-2002
The Reef pop group applied to register ‘REEF’ for Classes 25 and 26 – e.g. T-shirts, badges, etc. South Cone opposed them as registered proprietors of ‘Reef Brazil’ for the footwear which also was included in Class 25. South’s reputation was . .
Cited – Mastercard International Incorporated v Hitachi Credit (Uk) Plc ChD 8-Jul-2004
The claimants challenged award of a trade mark saying they were owners of many marks incorporating the word ‘Master’ associated with credit, and the applicants mark was too similar to its own.
Held: Applying Davidoff, the words can also be . .
Cited – Celador Productions Ltd v Melville ChD 21-Oct-2004
The applicants each alleged breach of copyright and misuse of confidential information in the format of the television program ‘Who wants to be a Millionaire’. The defendant appealed a refusal to strike out the claim. It was not contended that no . .
Cited – Harding v Wealands CA 17-Dec-2004
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
Held: The general rule in section 11 was not to . .
Cited – Nova Productions Ltd v Mazooma Games Ltd and others CA 14-Mar-2007
The defendant appealed against a finding of copyright infringement in a computer game.
Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a . .
Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Cited – Nova Productions Ltd v Mazooma Games Ltd and others ChD 20-Jan-2006
The claimant alleged copyright infringement in respect of computer games in the coin operated video market. It was said not that the games copied bitmap graphics, but rather the composite frames which appeared on the screen.
Held: The games . .
Cited – Meakin v British Broadcasting Corporation and Others ChD 27-Jul-2010
The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim. . .
Approved – Lucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . .
Lists of cited by and citing cases may be incomplete.

Media, Intellectual Property

Updated: 19 May 2022; Ref: scu.84335

Mercury Communications Ltd v Director General of Telecommunications and Another: HL 10 Feb 1995

The Secretary of State’s decision on the grant of a Telecommunications licence was challengeable by Summons and not by Judicial Review. A dispute between Mercury and BT as to charges as set by the Director General is a private not a public dispute. The purpose of the rule of procedural exclusivity was stated to be prevention of an abuse of the process of the court, and that purpose is of prime importance in determining the reach of the general rule.
Lord Slynn said: ‘The recognition by Lord Diplock that exceptions exist to the general rule may introduce some uncertainty but it is a small price to pay to avoid the over-rigid demarcation between procedures reminiscent of earlier disputes as to the forms of action and of disputes as to the competence of jurisdictions apparently encountered in civil law countries where a distinction between public and private law has been recognised . . The experience of other countries seems to show that the working out of this distinction is not always an easy matter. In the absence of the single procedure allowing all remedies-quashing, injunctive and declaratory relief, damages-some flexibility as to the use of different procedures is necessary. It has to be borne in mind that the overriding question is whether the proceedings constitute an abuse of the process of the court.’

Judges:

Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead

Citations:

Independent 16-Feb-1995, Times 10-Feb-1995, [1996] 1 WLR 48, [1995] UKHL 12, [1996] 1 All ER 575, [1995] CLC 266, [1998] Masons CLR Rep 39

Links:

Bailii

Statutes:

Telecommunications Act 1984 7

Jurisdiction:

England and Wales

Citing:

Appeal from – Mercury Communications Ltd v Director General of Telecommunications and Another CA 3-Aug-1994
Parties having contracted to resolve differences by an agreed procedure, could not go back on that agreement. The court will not replace an agreement for a resolution method chosen by parties with own advice and freely. . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .

Cited by:

Appealed to – Mercury Communications Ltd v Director General of Telecommunications and Another CA 3-Aug-1994
Parties having contracted to resolve differences by an agreed procedure, could not go back on that agreement. The court will not replace an agreement for a resolution method chosen by parties with own advice and freely. . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Steed v Secretary of State for the Home Department HL 26-May-2000
The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a . .
Cited – Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs CA 31-Mar-2010
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the . .
Lists of cited by and citing cases may be incomplete.

Media, Judicial Review

Updated: 19 May 2022; Ref: scu.83655

Jersild v Denmark: ECHR 20 Oct 1994

A journalist was wrongly convicted himself of spreading racial hatred by quoting racists in his material.
Held: Freedom of expression is one of the essential foundations of a democratic society. The safeguards to be afforded to the press are of particular importance. ‘Whilst the press must not overstep the bounds set, inter alia, in the interest of ‘the protection of the reputation and rights of others’, it is nevertheless incumbent on it to impart information and ideas of public interest. Not only does the press have the task of imparting such information and ideas: the public also has a right to receive them. Were it otherwise, the press would be unable to play its vital role of ‘public watchdog’.’ The freedom of the press to exercise its own judgment in the presentation of journalistic material was emphasised: ‘At the same time, the methods of objective and balanced reporting may vary considerably, depending among other things on the media in question. It is not for this court, nor for the national courts for that matter, to substitute their own views for those of the press as to what technique of reporting should be adopted by journalists. In this context the court recalls that article 10 protects not only the substance of the ideas and information expressed, but also the form in which they are conveyed.’
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings

Citations:

Times 20-Oct-1994, (1994) 19 EHRR 1, [1994] ECHR 33, 15890/89

Links:

Worldlii, Bailii

Cited by:

Cited – Campbell 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 . .
Cited – Connolly 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 . .
Cited – Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
Cited – Callaghan 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 . .
Cited – Attorney 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 – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Cited – Core 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 19 May 2022; Ref: scu.82518

DSG Retail Ltd v Oxfordshire County Council: QBD 23 Mar 2001

A trader can commit the offence of giving a misleading price indication without the prosecution having to identify any particular goods which had been offered for sale at that particular price. The price indication could be given in any of several ways, of which stating a price at a place where a purchase was to be completed was only one. In this case an offer to beat any other price offered locally was in fact intended to be limited in ways not indicated, and there were additional undisclosed terms and conditions. The notice was part of the entire interplay between the customer and shop, and was misleading.

Citations:

Times 23-Mar-2001, Gazette 11-May-2001

Statutes:

Consumer Protection Act 1987 20(1)

Media, Consumer, Crime

Updated: 19 May 2022; Ref: scu.80140

Casado Coca v Spain: ECHR 24 Feb 1994

The right to freedom of expression is not personal to the individual and is capable of being enjoyed by corporate legal persons, and commercial advertising, such as that of the claimants, is protected by Article 10(1). However, the control of lawyers’ right to advertise their practices, was not a breach of the right of free expression.

Citations:

Times 01-Apr-1994, [1994] ECHR 8, 15450/89, (1994) 18 EHRR 1

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 10(1)

Jurisdiction:

Human Rights

Cited by:

Cited – North Cyprus Tourism Centre Ltd and Another, Regina (on the Application Of) v Transport for London Admn 28-Jul-2005
The defendants had prevented the claimants from advertising their services in North Cyprus on their buses, and justified this saying that the Crown did not recognise the Turkish Republic of North Cyprus since it was the result of an unlawful . .
Cited – Core 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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Human Rights, Media

Updated: 19 May 2022; Ref: scu.78930

Camelot 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.

Citations:

Times 15-Jul-1997, [1999] QB 124

Statutes:

Contempt of Court Act 1981

Cited by:

Cited – 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 . .
Appeal from – Camelot Group plc v Centaur Communications Limited CA 23-Oct-1997
An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The . .
Cited – Mersey 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Employment, Media

Updated: 19 May 2022; Ref: scu.78858

British Broadcasting Corporation v Talksport Ltd: ChD 29 Jun 2000

The tort of passing off depended upon there being some goodwill capable of being relied upon. Words which were merely descriptive of the service offered, such as ‘live sports broadcasting,’ were incapable of carrying any goodwill, and accordingly a service of broadcasting live commentary but based upon other broadcasts was not a passing off when describing itself as such.

Citations:

Times 29-Jun-2000, Gazette 06-Jul-2000

Intellectual Property, Media

Updated: 18 May 2022; Ref: scu.78614

BBC, 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 not for general use was not determinative. The exercise by the Lord Advocate after discussion with the US government of his discretion to allow such transmission, had not been demonstrated to give rise to a devolution issue.

Citations:

Times 13-Jun-2000

Statutes:

European Convention on Human Rights

Citing:

See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Scotland

Updated: 18 May 2022; Ref: scu.78301

Attorney-General v Birmingham Post and Mail Ltd: QBD 31 Aug 1998

The questions asked of a court when staying a criminal trial because of newspaper reporting, and when assessing a contempt of court, are different, and the stay of a trial need have no implication that a contempt has been committed. The strict liability rules did not help. Simon Brown LJ said: ‘It seems to me necessarily to follow . . that one and the same publication may well constitute a contempt and yet, even though not substantially mitigated in its effect by a temporary stay and/or change of venue, not so prejudice the trial as to undermine the safety of any subsequent conviction. To my mind that can only be because section 2(2) postulates a lesser degree of prejudice than is required to make good an appeal against conviction . . In short section 2(2) is designed to avoid (and where necessary punish) publications even if they merely risk prejudicing proceedings, whereas a stay will generally only be granted where it is recognised that any subsequent conviction would otherwise be imperilled, and a conviction will only be set aside . . if it is actually unsafe.’
As to the case of Unger, Simon Brown LJ said: ‘I still think that to create a seriously arguable ground of appeal is a sufficient basis for finding strict liability contempt. Clearly it is a relevant consideration too that when a judge at first instance is deciding whether or not to grant a temporary stay. But more particularly the trial judge will ask himself: ‘is there a real danger that the jury cannot reach a just verdict, or the defendant have a fair trial?’ The judge will have to form a view as to just how seriously prejudicial the publication is, to what extent it can be mitigated by special directions, how desirable it is to avert a possible risk of a successful appeal on that ground, and how inconvenient and costly in the particular circumstances a stay would be (depending in large part no doubt on how far into the trial the problem arises).’

Judges:

Simon Brown LJ, Thomas J

Citations:

Times 31-Aug-1998, Gazette 30-Sep-1998, [1998] EWHC Admin 769, [1999] 1 WLR 361, [1999] EMLR 39, [1998] 4 All ER 49

Links:

Bailii

Statutes:

Contempt of Court Act 1981 2(2)

Citing:

Cited – Attorney 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 . .

Cited by:

Cited – Allen v The Grimsby Telegraph and Another QBD 2-Mar-2011
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but . .
Cited – HM Attorney General v MGN Ltd and Another Admn 29-Jul-2011
The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Criminal Practice, Media

Updated: 18 May 2022; Ref: scu.77978

Ex parte Central Independent Television: 1991

An appeal under section 159 can be made even after the reporting restriction order has been discharged.

Judges:

Lord Lane CJ

Citations:

[1991] 1 WLR 4

Statutes:

Criminal Justice Act 1988 159

Jurisdiction:

England and Wales

Cited by:

Cited – Sarker, 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.

Criminal Practice, Media

Updated: 18 May 2022; Ref: scu.620601

BBC Scotland, McDonald, Rodgers and Donald v United Kingdom: ECHR 23 Oct 1997

The court accepted the compatibility with article 10 of restrictions on the publication of material which may prejudice the outcome of court proceedings

Citations:

Unreported, 23 October 1997, 34324/96

Statutes:

European Convention on Human Rights 10

Cited by:

Cited – A 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 18 May 2022; Ref: scu.564190

Core 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 be based on the resondent’s policies. The respondent had previously allowed an advertisement by an organisation campaining for gays. It was suggested thet the Mayor had improperly intervened to prevent the advertisement being accepted.
Held: The respondent’s policy met the requirement for legal certainty, and was prescribed by law. As a public body, subject to the equality duty, TfL was under a positive obligation to protect the rights of gays. In my judgment, this was a legitimate aim under Article 10(2).
‘TfL’s decision was justified and proportionate in pursuit of the legitimate aim of protecting the rights of others. Therefore the refusal was not a breach of the Trust’s rights under Article 10(1). The fact that TfL had applied its Advertising Policy inconsistently and partially and refused the Trust a right to respond was outweighed by the countervailing factors, described above, which made it proportionate to refuse to display the advertisement.’

Judges:

Lang DBE J

Citations:

[2013] EWHC 651 (Admin), [2013] PTSR 1161, [2013] PTSR 1161

Links:

Bailii

Statutes:

Human Rights Act 1998 7, European Convention on Human Rights 34, Greater London Authority Act 1999 154, Equality Act 2010 149 12(1)

Citing:

Cited – Casado Coca v Spain ECHR 24-Feb-1994
The right to freedom of expression is not personal to the individual and is capable of being enjoyed by corporate legal persons, and commercial advertising, such as that of the claimants, is protected by Article 10(1). However, the control of . .
Cited – Regina 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: . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – Muller And Others v Switzerland ECHR 24-May-1988
The Court considered a complaint that Article 10 had been infringed by the applicant’s conviction of an offence of publishing obscene items, consisting of paintings which were said ‘mostly to offend the sense of sexual propriety of persons of . .
Cited – Regina 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 . .
Cited – Wingrove v The United Kingdom ECHR 25-Nov-1996
The applicant had been refused a certification certificate for his video ‘Visions of Ecstasy’ on the basis that it infringed the criminal law of blasphemy. The Court found that the offence was prescribed by law and served the legitimate aim of . .
Cited – Murphy v Ireland ECHR 10-Jul-2003
A pastor attached to an evangelical protestant centre based in Dublin wished to broadcast an advertisement during the week before Easter 1995, but the broadcast was stopped by the Independent Radio and Television Commission because section 10(3) of . .
Cited – Observer 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 . .
Cited – Otto Preminger Institute v Austria ECHR 1994
In the context of religious opinions and beliefs it was pointed out that there is under article 10 an obligation to avoid as far as possible expressions that are gratuitously offensive to others ‘and thus an infringement of their rights’. The Court . .
Cited – Jersild v Denmark ECHR 20-Oct-1994
A journalist was wrongly convicted himself of spreading racial hatred by quoting racists in his material.
Held: Freedom of expression is one of the essential foundations of a democratic society. The safeguards to be afforded to the press are . .
Cited – VGT Verein Gegen Tierfabriken v Switzerland ECHR 28-Jun-2001
The applicant association dedicated itself to the protection of animals, from animal experiments and industrial animal production. In reaction to television commercials broadcast by the meat industry it prepared a TV advertisement contrasting the . .
Cited – Giniewski v France ECHR 31-Jan-2006
The applicant had been convicted of public defamation towards the Christian community on the basis of an article suggesting that Catholicism contained the seeds of the Holocaust.
Held: While the article may have shocked and offended, it was a . .
Cited – Vajnai v Hungary ECHR 2010
The applicant wore a red star which was proscribed because of its association with communism.
Held: ‘a legal system which applies restrictions on human rights in order to satisfy the dictates of public feeling – real or imaginary – cannot be . .
Cited – X v The United Kingdom ECHR 20-Dec-1974
Commission – Inadmissible – Article 8 of the Convention : Right to respect for correspondence. Detention after conviction. Complaint not pursued
Article 9 of the Convention : Buddhist prisoner not permitted to send out material for . .
Cited – Arrowsmith v United Kingdom ECHR 12-Oct-1978
(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. . .
Cited – Eweida 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.

Media, Human Rights, Local Government

Updated: 18 May 2022; Ref: scu.471961

British 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 case justified exceptional treatment, this was one. He had been held without trial for seven years, and had been seriously assaulted on his arrest. Whatever he was accused of had taken place in the UK, and the CPS had decided that there were insufficent grounds for a prosecution. The policy itself allowed exceptions to the writing only communications rule, and ‘even after giving appropriate weight to the views of the Secretary of State, the decision . . constitutes a disproportionate interference with the right to freedom of expression in article 10. In the circumstances of this particular case, the justification for that interference has not been ‘convincingly established’, as the jurisprudence on article 10 requires.’

Judges:

Hooper LJ, Singh J

Citations:

[2012] EWHC 13 (Admin)

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Citing:

Cited – West Virginia State Board of Education v Barnette 14-Jun-1943
(United States Supreme Court) Jackson J said: ‘If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion . .
Cited – Huang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
Cited – A 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 . .
Cited – Regina 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: . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – Bladet Tromso and Stensaas v Norway ECHR 20-May-1999
A newspaper and its editor complained that their right to freedom of expression had been breached when they were found liable in defamation proceedings for statements in articles which they had published about the methods used by seal hunters in the . .
Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Regina v Secretary of State for the Environment, ex parte Powis CA 1981
Material not available to the decision maker should not normally be admitted on an application for a judicial review of that decision. The court described three categories of acceptable new evidence: (1) evidence to show what material was before the . .
Cited – Regina v Secretary of State For The Home Department, Ex Parte Launder HL 13-Mar-1997
The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force . .
Cited – Bamber v United Kingdom ECHR 11-Sep-1997
The Commission declared inadmissible a complaint that Standing Order 5 G 2B infringed Article 10. The Order precluded prisoners from contacting the media by telephone except in exceptional circumstances. The Standing Order satisfied the requirement . .
Cited – Nilsen v United Kingdom ECHR 9-Mar-2010
The applicant had been convicted of the most serious offences including several violent murders, and was held under a whole life tarriff. He wished to publish his autobiography from prison.
Held: The application was inadmissible. He had . .
Cited – Bergens Tidende And Others v Norway ECHR 2-May-2000
A newspaper complained that its rights under Article 10 of the Convention had been infringed by a libel action which a cosmetic surgeon had successfully brought against it in respect of defamatory articles it had published saying he was incompetent. . .
Cited – Regina 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 . .
Lists of cited by and citing cases may be incomplete.

Prisons, Media, Human Rights

Updated: 18 May 2022; Ref: scu.450213

Stopforth v Goyer: 1978

(High Court of Ontario) A claim was made for defamation in remarks made by the defendant about the plaintiff to media representative who were present in parliament, just after he left the Ottawa chamber at the conclusion of the question period. The plaintiff had been a senior member of a team having conduct of the delivery of weapons systems to the government. The defendant had been the relevant minister. It was accepted that the defendant was taken to assume that his acceptedly defamatory words would be repulished by the media. The defendant claimed qualified privilege.
Held: The defence was not made out. There was no duty falling on him at the time to utter the words he did, and nor was there a reciprocal duty in the press to receive the statement.

Judges:

Lief J

Citations:

(1978) 87 DLR (3d) 373, (1978) 4 CCLT 265

Cited by:

Cited – Chaytor and Others, Regina v SC 1-Dec-2010
The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no . .
Cited – Makudi v Baron Triesman of Tottenham CA 26-Feb-2014
Appeal against strike out of claims for defamation and malicious falsehood. The defendant had given evidence to the Culture Media and Sport Select Committee of the House of Commons with material highly critical of the claimant, a member of FIFA’s . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional, Defamation, Media

Updated: 18 May 2022; Ref: scu.427747

Mersey 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 records.
Held: The need for involvement by the third party in the source’s wrongdoing is a threshold requirement in an action for breach of confidence. In this case Mr Brady had withdrawn his objection to the disclosure. The information disclosed related not to medical information, but information about assaults on him by hospital staff. The court considered that there had been wrongdoing by the original discloser. He must be presumed to have known that the records disclosed were confidential, and that he had edited them before releasing them. It was not intimate or highly sensitive information. The source probably was a worker at the hospital, but it was not established that he was an employee, but he would still be under a duty of care to Ian Brady and to the hospital. The material was not disclosed for payment, and was probably welcome to the patient. As against the hospital, was the disclosure in the public interest? That defence was not established. Large numbers of people might have had accessto te information, and th enumber of leaks had diminisshed substantially. It was not established that the disclosure of the source was necessary for staff morale. The motive of the defendant was relevant, and came within fulfilling the roles described in Simms etc.
The court was unable to say that the hospital would have been able to take proceedings against the source, and could show no damage, but had established the threshhold condition that it was a victim. There was no financial motive. The court had to find the balance, and it could no longer be said that it was necessary to disclose the source, and an order for disclosure would not be proportionate.

Judges:

Tugendhat J

Citations:

[2006] EWHC 107 (QB), Times 09-Feb-2006

Links:

Bailii

Statutes:

Contempt of Court Act 1981 10, Human Rights Act 1998 2, European Convention on Human Rights 810

Jurisdiction:

England and Wales

Citing:

See Also – Ackroyd v Mersey Care NHS Trust CA 16-May-2003
The journalist was required to provide the source of his material. In an earlier hearing the newspaper had been ordered to disclose the name of its source, the journalist. The claimant obtained summary judgement, which the journalist now appealed. . .
Cited – Norwich 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 . .
Cited – Campbell 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 . .
Cited – 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 . .
Cited – Gaskin v The United Kingdom ECHR 7-Jul-1989
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied.
Held: The refusal to allow him . .
Cited – X Ltd v Morgan-Grampian (Publishers) Ltd HL 1990
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
Cited – Regina 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 . .
Cited – Gunn-Russo v Nugent Care Society and Secretary of State for Health Admn 20-Jul-2001
The applicant had been adopted as a child, and sought disclosure of the adoption records. The 1983 regulations gave a discretion to the Society, which had acted as adoption agency, to disclose information. The internal report to the society failed . .
Cited – Goodwin v The United Kingdom ECHR 27-Mar-1996
An order for a journalist to reveal his source was a breach of his right of free expression: ‘The court recalls that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to . .
Cited – Regina v Mid Glamorgan Family Health Services Authority, ex parte Martin CA 7-Sep-1994
A doctor may deny a patient access to his health records if it is in the patient’s best interests to do so. There is no common law right for a patient to see his own medical records, and the Act is not retrospective. . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Von 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 . .
Cited – In 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 . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Cited – Regina 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 . .
Cited – Camelot Group Plc v Centaur Communications Plc QBD 15-Jul-1997
Human rights law is no aid in protecting a journalist against an order requiring the return of confidential documents, even though this might identify the source of leak. . .
Cited – Ackroyd v Mersey Care NHS Trust 18-Oct-2002
The medical records of a patient at the hospital had been provided by an employee to a journalist who then provided a story to the Mirror. An order had been made for the Mirror to disclose the source. An application was now made against the . .
Cited – X v Y 1987
Complaint was made that defendant newspapers were to publish confidential medical records of doctors suffering Aids. An injunction was sought to prevent use of records given to a journalist by a hospital employee. The records related to doctors in . .
Cited – W v Egdell CA 1990
The plaintiff was detained in a secure mental hospital, under a hospital order coupled with a restriction order, after pleading guilty to manslaughter on the grounds of diminished responsibility. The defendant, a consultant psychiatrist, was engaged . .
Cited – McCartan 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 . .
Cited – Schering Chemicals Ltd v Falkman Ltd CA 1982
The Defendants’ professional skills were engaged to present the plaintiff company in a good light, and an injunction was granted to restrain them from doing the opposite. Sach LJ said: ‘even in the commercial field, ethics and good faith are not to . .
Cited – Lion 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 . .
Cited – London Regional Transport, London Underground Limited v Mayor of London Transport for London CA 24-Aug-2001
The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. . .
Cited – London Regional Transport, London Underground Limited v Mayor of London Transport for London CA 24-Aug-2001
The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. . .
Cited – Saltman Engineering Co v Campbell Engineering Co Ltd CA 1948
The plaintiffs instructed the defendant to make tools for the manufacture of leather punches in accordance with drawings which the plaintiffs provided to the defendant for this purpose. The defendant used the drawings to make tools, and the tools to . .
Cited – 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 . .

Cited by:

Appeal from – Mersey 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights

Updated: 17 May 2022; Ref: scu.238438

Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights.
Held: Section 47 of the Act speaks not only of regulation and management of prisons but control of prisoners, and one legitimate aspect of a sentence of imprisonment is that it renders subject to control the exercise of the prisoner’s freedom to express himself to those who are outside the prison. ‘We do not believe that any penal system could readily contemplate a regime in which a rapist or a murderer would be permitted to publish an article glorifying in the pleasure that his crime had caused him. English jurisprudence suggests that to restrict prisoners from publishing such matter is a legitimate exercise of the power conferred on the Secretary of State by the Prison Act. ‘

Judges:

Mr Justice Gage, Lord Justice Kennedy, Lord Phillips Master Of The Rolls

Citations:

[2004] EWCA Civ 1540, Times 23-Nov-2004, [2005] 1 WLR 1028

Links:

Bailii

Statutes:

European Convention on Human Rights, Prison Rules 1999

Jurisdiction:

England and Wales

Citing:

Cited – Raymond 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 . .
Cited – Regina 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 . .
Cited – Regina 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 . .
Cited – Regina v Secretary of State for Home Department ex parte Mellor CA 4-Apr-2001
A prisoner had no right to facilities to artificially inseminate his wife. In this case, he might not be released for several years, and there were no medical reasons advanced for finding exceptional reasons under the Department policy. Provided the . .
Cited – Bamber v United Kingdom ECHR 11-Sep-1997
The Commission declared inadmissible a complaint that Standing Order 5 G 2B infringed Article 10. The Order precluded prisoners from contacting the media by telephone except in exceptional circumstances. The Standing Order satisfied the requirement . .
Cited – Hirst v The United Kingdom (No. 2) ECHR 30-Mar-2004
(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter.
Held: The denial of a right to vote was in infringement of his rights and . .
Cited – Silver And Others v The United Kingdom ECHR 25-Mar-1983
There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were . .
Appeal from – Nilsen, 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 . .

Cited by:

Appealed to – Nilsen, 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 . .
Cited – O’Dowd (Boy George) v National Probation Service London Admn 23-Dec-2009
Refusal of curfew relaxation was reasonable
The claimant had been released from prison early on licence subject to conditions including a home detention curfew. He was offered a place on a TV programme, Celebrity Big Brother, which would require relaxation or alteration of his place of . .
Cited – O’Dowd (Boy George) v National Probation Service London Admn 23-Dec-2009
Refusal of curfew relaxation was reasonable
The claimant had been released from prison early on licence subject to conditions including a home detention curfew. He was offered a place on a TV programme, Celebrity Big Brother, which would require relaxation or alteration of his place of . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights, Media

Updated: 17 May 2022; Ref: scu.219479

In re de Beaujeu’s Application: ChD 1949

Publication of the content of wardship proceedings, against the direction of the judge prohibiting publication, was a contempt of court. Wynn-Parry J said: ‘In my judgment in proceedings involving wards of court the judge has a complete discretion to allow or forbid publication of the proceedings or any order made therein. In the absence of any special direction, I am of opinion that prima facie it would be a contempt of court to publish an account of proceedings relating to an infant conducted in chambers without the express permission of the judge who heard the case.’

Judges:

Wynn-Parry J

Citations:

[1949] 1 All ER 439, [1949] Ch 230

Cited by:

Cited – Kent 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 . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.194847

In Re R (Wardship: Restrictions on Publication): CA 1994

The parents had separated and the child made a ward of court. The mother had care and control and the father had access. The father abducted the child to Israel but she was recovered. The father was extradited to stand trial here. He sought publicity for his views upon the treatment of fathers by the family courts. In the Family Division, an order was made prohibiting publicity in very wide terms, which would have precluded virtually any reporting of the criminal proceedings. He appealed.
Held: The order was varied to permit the reporting of the father’s criminal trial. Save by statute reports of proceedings in a court should only be restrained ‘where and to the extent that restraint is shown to be necessary for the purpose of protecting the proper administration of justice’. Although publicity about the ward should be as limited as possible, restraining reports of the criminal trial was not necessary ‘to enable the judge to do justice in the wardship proceedings’. There was no statutory provision automatically restricting reporting, but section 39 did apply to enable the criminal court to prohibit identification of the ward as the victim of the alleged crime. He had ‘the greatest doubt’, about the first instance view on its power to restrain reporting of the criminal trial, but if he had he should have left it to the criminal judge to decide whether to do so.
Millett LJ said that apart from the contempt jurisdiction, ‘the wardship judge has an additional jurisdiction to prohibit the publication of information concerning the ward which is directed at the ward or at those having responsibility for the ward’s upbringing, thereby threatening the effective working of the court’s jurisdiction; . . this last mentioned jurisdiction is of recent origin. Its source and justification lie in the inherent power of the court to protect the integrity of its own process. There is no jurisdiction in the wardship court to protect its wards from adverse publicity which does not threaten the effective working of the court’s jurisdiction merely on the ground that such publicity would be contrary to the interests of the ward or damaging to his welfare’.
He drew a distinction between the inherent jurisdiction and the statutory powers under section 39 which ‘unlike the wardship jurisdiction’ could be used for the sole purpose of protecting children from harmful publicity. The limiting principle of the wardship jurisdiction: ‘may be expressed more generally by saying that the wardship court has no power to exempt its ward from the general law, or to obtain for its ward rights and privileges not generally available to children who are not wards of court; or by saying that the wardship court can seek to achieve for its ward all that wise parents or guardian acting in concert and exclusively in the interests of the child could achieve, but no more . . Nor can it protect the ward from adverse publicity as such.’

Judges:

Sir Thomas Bingham MR, Millett LJ

Citations:

[1994] Fam 254, [1994] 2 FLR 637, [1994] 3 All ER 658, [1994] 3 WLR 36

Statutes:

Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Cited by:

Cited – In re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
Cited – In 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 . .
Cited – Kelly (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 . .
Cited – H v A (No2) FD 17-Sep-2015
The court had previously published and then withdrawn its judgment after third parties had been able to identify those involved by pulling together media and internet reports with the judgment.
Held: The judgment case should be published in . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.185251

In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This was based on the Court’s parens patriae jurisdiction and was taken not so much for the protection of the administration of justice but in accordance with the Court’s quasi-parental responsibilities in a context where, under the Children Act 1989, the interests of the child were paramount.
In relation to the media the exercise of the court’s inherent parens patriae or wardship jurisdiction is divided into three parts: the first part, in which the jurisdiction is not exercisable at all and the child is left to whatever remedies against the media the law would give an adult in comparable circumstances; a second part in which the jurisdiction is exercisable, but in circumstances where, because the court is exercising only its ‘protective’ jurisdiction, the child’s interests are not paramount and where a so-called balancing exercise has to be performed; and the third part, in which, because the court is exercising its ‘custodial’ jurisdiction, the child’s interests are paramount.
Sir Thomas Bingham MR said: ‘I understood the mother’s counsel to advance two reasons why discretion could only be properly exercised to the effect contended for. The first was that the court should never override the decision of a devoted and responsible parent such as this mother was found to be. I would for my part accept without reservation that the decision of a devoted and responsible parent should be treated with respect. It should certainly not be disregarded or lightly set aside. But the role of the court is to exercise an independent and objective judgment. If that judgment is in accord with that of the devoted and responsible parent, well and good. If it is not, then it is the duty of the court, after giving due weight to the view of the devoted and responsible parent, to give effect to its own judgment. That is what it is there for. Its judgment may of course be wrong. So may that of the parent. But once the jurisdiction of the court is invoked its clear duty is to reach and give the best judgment that it can.’
Ward LJ said that the jurisdiction can be exercised and a parent can be restrained either by an in personam injunction or, where appropriate by a prohibited steps order under section 8 of the 1989 Act. It was not necessary to make the child a ward in order to invoke the inherent jurisdiction of the court.

Judges:

Sir Thomas Bingham MR, Ward LJ

Citations:

[1997] Fam 1, [1996] 1 FLR 197, [1996] 2 WLR 88

Statutes:

Children Act 1989 8

Jurisdiction:

England and Wales

Cited by:

Cited – Keays v Guardian Newspapers Limited, Alton, Sarler QBD 1-Jul-2003
The claimant asserted defamation by the defendant. The parties sought a decision on whether the article at issue was a comment piece, in which case the defendant could plead fair comment, or one asserting fact, in which case that defence would not . .
Cited – Re S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
Cited – In re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
Cited – Kent 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 . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – In 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 . .
Cited – A 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 . .
Cited – B (A Child); Re C (Welfare of Child: Immunisation) CA 30-Jul-2003
The father sought a specific issue order for the immunisation of his child in particular with the MMR vaccine. The mother opposed all immunisation.
Held: Whether a child was to be refused immunisation was an issue on which both parents should . .
Cited – In 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 . .
Cited – Kelly (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 . .
Cited – Jones v Kernott SC 9-Nov-2011
Unmarried Couple – Equal division displaced
The parties were unmarried but had lived together. They now disputed the shares in which they had held the family home. It had been bought in joint names, but after Mr Kernott (K) left in 1993, Ms Jones (J) had made all payments on the house. She . .
Cited – In re T (a Minor) CA 24-Oct-1996
C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 16 May 2022; Ref: scu.184400

Rickless v United Artists Corporation: CA 1987

The Act created a private right to performers. Although it might appear to provide criminal sanctions only, performers had the right to give or withhold consent to the use of their performances and to enforce that right by action in the civil courts. This statutory right was not purely personal, but survived the death of the performer and vested in his or her personal representatives, so that in the absence of consent of a performer or his or her personal representatives, there was an actionable breach. A feature film (Trail of the Pink Panther – ‘Trail’) starring the late Peter Sellers had been made by use of cutting floor clips from previous films made with his consent. In two films, The Pink Panther Strikes Again and Revenge of the Pink Panther his consent extended to the use in this way of the cutting floor clips, and ordered the producer companies to account for percentages of the gross receipts of Trail as sums derived from Strikes and Revenge. In the case of three films where there had been no consent, damages were awarded for breach, or inducing breach, of contract in the sum of $1,000,000.
Sir Nicolas Browne-Wilkinson V-C observed that, while not decisive, it was generally easier to spell out civil liability where Parliament had expressly stated that an act was unlawful rather than merely classifying it as a criminal offence.

Judges:

Hobhouse J, Sir Nicolas Browne-Wilkinson V-C, Bingham LJ

Citations:

[1988] QB 40, [1987] 1 All ER 679, [1987] 2 WLR 945

Statutes:

Dramatic and Musical Performers Protection Act 1958 1

Jurisdiction:

England and Wales

Cited by:

Cited – Experience Hendrix LLC v PPX Enterprises Inc and Another CA 20-Mar-2003
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
Cited – Campbell v Gordon SC 6-Jul-2016
The employee was injured at work, but in a way excluded from the employers insurance cover. He now sought to make the sole company director liable, hoping in term to take action against the director’s insurance brokers for negligence, the director . .
Lists of cited by and citing cases may be incomplete.

Damages, Intellectual Property, Media

Updated: 16 May 2022; Ref: scu.180883

Regina v Secretary of State for Home Department ex parte Ian Simms and Michael Alan Mark O’Brien: QBD 19 Dec 1996

A full restriction on the use of material emanating from a prison visit was unlawful as an interference with the right of free speech of the prisoner: ‘The blanket prohibition on making use of material obtained in a visit is not, on the evidence before me, therefore justified as the minimum interference necessary with the right of free speech to meet the statutory objectives.’ However the court upheld the need to regulate access by professional journalists acting as such to prisons and prisoners: ‘There is no doubt that restrictions on visits are necessary for the proper regulation and management of prisons, and for the treatment, discipline and control of inmates. It seems to me to be entirely proper that the primary restriction should be that the only visitors should be family and friends. This accords with the general and beneficial policy to ensure that, so far as possible, an inmate retains his family and social connections. Beyond those categories there has to be some justification, it seems to me, for a visit, in order to ensure that access to inmates is not exploited for purposes which could be inimical to proper management of and discipline within prisons.’ and ‘I consider that a restriction preventing an inmate from communicating orally with the media in a visit unless the representative of the media gives an undertaking not to use the material obtained at that visit is a restriction on the right of free speech. . . . The test is whether or not the restriction is necessary in order to achieve the statutory objectives. In the present context, these objectives include the need to keep visits within sensible bounds for the ordinary management of the prison, and the discipline and control of inmates. This clearly entitles rules to be made which preclude access to the media, in any form, merely for the purposes of purveying general complaints, tittle tattle or other material which may be mischievous or offensive. In particular, as was recognised in Bamber, proper discipline and control includes consideration of the effect of inmates’ activities on others. I am therefore quite satisfied that Rule 33(1) is lawful in including ‘the interests of any persons’ as a material consideration when deciding what restrictions are appropriate on communications between inmates and others. It follows, in my view, that the prohibition on communicating with the media by letter save where the inmate is making serious representations about his or her conviction or sentence. or is otherwise part of a serious comment about crime, the processes of justice or the penal system, meets the Leech test of being the minimum interference necessary to achieve the statutory objectives.’

Judges:

Latham J

Citations:

Times 17-Jan-1997, [1996] EWHC Admin 388

Links:

Bailii

Statutes:

Prison Act 1952 47, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Regina 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 . .

Cited by:

Appeal from – Regina v Secretary of State for the Home Department ex parte Simms; ex parte O’Brien; ex parte Main CA 9-Dec-1997
The removal of a prisoner’s right to talk to the press is part of the process of imprisonment. Prisoners’ letters could be read to the extent necessary to prove that they contained legally privileged material. A prisoner has no right to an oral . .
At first instance – Regina 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Prisons

Updated: 16 May 2022; Ref: scu.87906

R (Mrs) v Central Independent Television Plc: CA 17 Feb 1994

The court did not have power to stop a TV program identifying a ward of court, but which was not about the care of the ward. The first instance court had granted an injunction in relation to a television programme dealing with the arrest and the conviction of a paedophile who was the father of a five year old child. The mother had sought an injunction the terms of which were to ensure that the programme in no way identified the paedophile.
Held: The court allowed the television company’s appeal essentially on the ground that the programme did not so affect the care and upbringing of the child that it was appropriate to invoke the court’s jurisdiction. The court considered that there was no jurisdiction unless the programme could have had that effect. The court should eschew interference with the freedom of the press when exercising its wardship jurisdiction.
Waite LJ said: ‘These authorities establish, in my judgment, that anonymity or confidentiality for a child or its circumstances can only be enforced by injunction in cases where the publicity would, or might in the view of the court threaten the effective working of the court’s own jurisdiction, whether it be in deciding a question about the upbringing of the child, or in exercising, as in Re C [1990] Fam 39, a continuing supervisory role over a child whose future has already been determined. A mere desire to secure for a child the advantages of confidentiality cannot of itself supply such an issue. Confidentiality is an aid to administration of the jurisdiction, and not a right or status which the jurisdiction itself has any power to confer.’
Hoffmann LJ said: ‘In any area of human rights like freedom of speech, I respectfully doubt the wisdom of creating judge made exceptions, particularly when they require a judicial balancing of interests. The danger about such exceptions is that the judges are tempted to use them. The facts of the individual case often seem to demand exceptional treatment because the newspaper’s interest in publication seems trivial and the hurt likely to be inflicted very great. The interests of the individual litigant and the public interest in the freedom of the press are not easily commensurable. It is not surprising that in this case the misery of a five year old girl weighed more heavily with Kirkwood J than the television company’s freedom to publish material which would heighten the dramatic effect of the documentary. That is what one would expect of a sensitive and humane judge exercising the wardship jurisdiction. But no freedom is without cost and in my view the judiciary should not whittle away freedom of speech with ad hoc exceptions. The principle that the press is free from both government and judicial control is more important than the particular case.’
and ‘But this new jurisdiction is concerned only with the privacy of children and their upbringing. It does not extend to ‘injunctive protection of children from publicity which though inimicable to their welfare is not directed at them or those who care for them’ (M and N). It therefore cannot apply to publication of the fact that the child’s father has been convicted of a serious offence, however distressing it may be for the child to be identified as the daughter of such a man. If such a jurisdiction existed it could be exercised to restrain the identification of any convicted criminal who has young children. It may be that the decision in X County Councilcan be brought within Lord Donaldson of Lymington MR’s language because the child’s mother at whose past the intended publication was directed, was actually caring for the child at the time of the application. But the events in question had happened long before the child was born. The publication was not directly concerned with the child or its upbringing, and for my part I think that the judge, for wholly commendable reasons, was asserting a jurisdiction which did not exist.’

Judges:

Waite LJ, Hoffmann LJ

Citations:

Independent 17-Feb-1994, [1994] Fam 192, [1994] 2 FLR 151, [1994] 3 All ER 641

Jurisdiction:

England and Wales

Citing:

Cited – In re M and N (Minors) (Wardship: Publication of Information) CA 1990
The court considered whether to order that a child’s name be not published where the decision to publish would not affect the way in which the child is cared for, the child’s welfare is relevant but not paramount and must be balanced against freedom . .
Cited – X County Council v A and another 1984
The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. . .

Cited by:

Cited – Re S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
Cited – In re S (A Child) (Identification: Restrictions on Publication) CA 10-Jul-2003
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care.
Held: The court must balance the need to protect the child with the need for freedom of the press. The . .
Cited – Pelling v Bruce-Williams, Secretary of State for Constitutional Affairs intervening CA 5-Jul-2004
The applicant sought an order that his application for a joint residence order should be held in public.
Held: Though there was some attractiveness in the applicant’s arguments, the issue had been fully canvassed by the ECHR. The time had come . .
Cited – In 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 . .
Cited – Livingstone v The Adjudication Panel for England Admn 19-Oct-2006
The claimant challenged a finding that as Mayor of London offensive remarks he had made to a journalist as he was pursued leaving a private party had brought his office into disrepute.
Held: The appeal succeeded. Though the remarks may have . .
Cited – X 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 – Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
Cited – Kelly (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 . .
Cited – In Re G (Minors) (Celebrities: Publicity) CA 4-Nov-1998
Where extra publicity might attach to proceedings because of the celebrity of the parents, it was wrong to attach extra restrictions on reporting without proper cause. There remains a need to balance the need for the freedom of speech and the . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights, Media

Updated: 15 May 2022; Ref: scu.86320

Whitney v California: 1927

(United States) Brandeis J considered that the risk of mis-reporting of court proceedings was in fact a reason for more court reporting: ‘If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.’

Judges:

Brandeis J

Citations:

(1927) 274 US 357

Jurisdiction:

United States

Cited by:

Cited – Norfolk 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 . .
Lists of cited by and citing cases may be incomplete.

International, Media

Updated: 14 May 2022; Ref: scu.245944

Re 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 of confidentiality there are, as it seems to me, a number of different factors and interests which need to be borne in mind:
(i) First, there is the interest of the particular child concerned in maintaining the confidentiality and privacy of the proceedings in which he has been involved, what . . Balcombe LJ referred to as the ‘curtain of privacy’.
(ii) But there is also, secondly, the interest of litigants generally that those who, to use Lord Shaw of Dunfermline’s famous words in Scott v Scott [1913] AC 417, 482, ‘appeal for the protection of the court in the case of [wards]’ should not thereby suffer ‘the consequence of placing in the light of publicity their truly domestic affairs’. It is very much in the interests of children generally that those who may wish to have recourse to the court in wardship or other proceedings relating to children are not deterred from doing so by the fear that their private affairs will be exposed to the public gaze – private affairs which often involve matters of the most intimate, personal, painful and potentially embarrassing nature. As Lord Shaw of Dunfermline said: ‘The affairs are truly private affairs; the transactions are transactions truly intra familiam’.
(iii) Thirdly, there is a public interest in encouraging frankness in children’s cases, what Nicholls LJ referred to in Brown v Matthews [1990] Ch 662, 681C, as 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 family, on which the proper functioning of the system depends . . it is very much in the interests of children generally that potential witnesses in such proceedings are not deterred from giving evidence by the fear that their private affairs or privately expressed views will be exposed to the public gaze.
(iv) Fourthly, there is a particular public interest in encouraging frankness in children’s cases on the part of perpetrators of child abuse of whatever kind . . .
(v) Finally, there is a public interest in preserving faith with those who have given evidence to the family court in the belief that it would remain confidential. However, as both Ralph Gibson LJ in Brown v Matthews [1990] Ch 662, 672B . . and Balcombe LJ in In re Manda [1993] Fam 183, 195H . . make clear, whilst persons who give evidence in child proceedings can normally assume that their evidence will remain confidential, they are not entitled to assume that it will remain confidential in all circumstances . . .’

Judges:

Munby J

Citations:

[2001] 2 FLR 440

Jurisdiction:

England and Wales

Citing:

Cited – Scott 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 . .

Cited by:

Cited – British 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 . .
Cited – Norfolk 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 14 May 2022; Ref: scu.237482

Wilson v Independent Broadcasting Authority: OHCS 1979

In the lead up to the Scottish referendum on Devolution, the Authority required the broadcasters to carry party political broadcasts for each of the four main parties. Three parties favoured voting yes in the referendum, and the authority was injuncted by those opposing the Yes campaign.
Held: The injunction was set aside. The Act required the Authority to maintain a balance of approximately for each case. The court considered how the broadcasting media should achieve balance during elections.
Lord Ross said: ‘I see no reason in principle why an individual should not sue in order to prevent a breach by a public body of a duty owed by that public body to the public. It may well be that the Lord Advocate could be a petitioner if the interests of the public as a whole were affected…, but I see no reason why an individual should not sue provided always that the individual can qualify an interest.
Having considered the petitioners’ averments, I am of the opinion that the petitioners have averred sufficient interest.
(1) They are voters and the Referendum gives them the choice to say ‘Yes’ or ‘No’.
(2) They belong to an organisation or group who apparently believe that the question should be answered ‘No’.
(3) It is implicit in the name of the organisation or group that the petitioners wish to persuade other voters to vote ‘No’.
It is plain from the petition and the answers that the petitioners and the political parties believe that the programmes are likely to be influential upon the electorate in Scotland, and if that is so, the petitioners have an interest to see that the respondents do not act in breach of any statutory duties in relation to such programmes.’

Judges:

Lord Ross

Citations:

[1979] SC 351 OH, [1979] SLT 279

Statutes:

Broadcasting Act 1990

Cited by:

Cited – Regina 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 . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Elections, Media, Scotland

Updated: 12 May 2022; Ref: scu.181971

Regina (TH) v Wood Green Crown Court: CACD 31 Oct 2006

The applicant had been committed to custody during a trial pending further evidence being submitted, and sought judicial review of the decision. He had attended court to give evidence but had appeared very reluctant.
Held: Judicial reviw of a matter relating to a trial on indictment was not and remained unavailable. The order made was such an order. The applicant had the alternatives of applying for habeas corpus or seeking damages.

Judges:

Auld LJ, Wilkie J

Citations:

Times 09-Nov-2006

Jurisdiction:

England and Wales

Media, Criminal Practice

Updated: 10 May 2022; Ref: scu.245937

Regina v Henry: 26 Feb 2009

British Columbia – Court of Appeal – The Court had granted permission to Mr Henry to reopen his appeal against conviction for offences of sexual assault. His case was to be that Mr X, who had already been convicted of other assaults, had instead been the perpetrator of the assaults for which he, Mr Henry, had been convicted.
Held: The court prohibited public identification of Mr X until determination of the appeal. Newbury JA observed that the public interest in the openness of trials and in the administration of justice was not diminished by withholding his identification and she concluded as follows: ‘If our society takes seriously the proposition that a person in Mr X’s position is presumed innocent until proven guilty, it seems to me that the deleterious effects, both on his privacy interests and on the administration of justice, of the publication of his name do outweigh the public interest in knowing that fact.’

Judges:

Newbury JA

Citations:

2009 BCCA 86 (CanLII)

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – PNM 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Updated: 09 May 2022; Ref: scu.590537

BG and Others v HMTQ in Right of BC: 22 Jun 2004

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

Judges:

Finch CJ, MacKenzie, Lowry JJ

Citations:

2004 BCCA 345, [2004] BCJ No 1235 (QL), [2004] CarswellBC 1359, 200 BCAC 223, 242 DLR (4th) 665

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – PNM 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 09 May 2022; Ref: scu.590536

BG and Others v HMTQ: 7 Oct 2002

Supreme Court of British Columbia. The Court prohibited, until the conclusion of the proceedings, identification of school staff accused of abusing boys in an action brought by them in later life against the school.
Held: The protection of innocent people was a social value of superordinate importance which, were they to suffer irreparable harm to their reputation, would justify overriding the general principle of open justice; that, accused of being paedophiles, the staff had been put in the category of persons most condemned and reviled by society; and that, were they to be publicly identified, they would suffer irreparable harm before they had had any opportunity to rebut the accusations.

Judges:

Wong J

Citations:

2002 BCSC 1417, 221 DLR (4th) 751, [2002] CarswellBC 2395, [2002] BCJ No 2246 (QL), [2002] BCTC 1417

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – PNM 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 . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice

Updated: 09 May 2022; Ref: scu.590535

Regina (Orange Personal Communicatins Services ltd and Others) v Islington London Borough Council: CA 19 Jan 2006

The applicant had already been granted prior approval for the erection and installation of antennae. The respondent then designated the area to be a conservation area.
Held: Once the notification had been given, the subsequent designation could not be used to require the resubmission of any request. The date of approval had already been fixed.

Citations:

Times 24-Jan-2006

Jurisdiction:

England and Wales

Planning, Media

Updated: 07 May 2022; Ref: scu.238730

In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report.
Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for adults under a disability by letters patent or parens patriae had lapsed, but an inherent jurisdiction remained. Pending any statutory creation, the court would act through the common law doctrine of necessity. Here the action was required for protective rather than a custodial jurisdiction, and again the competing interests under the Convention had to be weighed. In both cases the requirements were met. For the children, and injunction was continued, and for the adults one was made. The balance came down in favour of protecting vulnerable adults by preventing publication of a local authority report: ‘They have had considerable and distressing disruption of their lives and are, as set out in the report, vulnerable. A period of peace, stability and a chance to settle down again after the very real upset of their lives is threatened by the likely intense media cover if this report is published. They are all under some disability but not such, as far as I know, as to prevent possibly all of them, but certainly at least 4 of them, from understanding the impact of press and other media intrusion. That intrusion would affect their daily lives and would be very likely to be disruptive, distressing and contrary to the need for them to settle back in the home. They clearly have rights under article 8 which are engaged and would be breached if the report is published. I am satisfied that publication of the report would be deeply damaging and detrimental to their welfare.
The factors supporting the rights of the vulnerable adults under article 8 have to be balanced against the right of the local authority to publish under article 10. I have found that it would be lawful on their behalf to interfere with the article 10 right of freedom of expression. I have considered very carefully whether to exercise the court’s discretion in favour of the vulnerable adults would be a disproportionate response to the contents of the report, having regard to the importance attached to article 10 by section 12 of the Human Rights Act 1998. I am also fully aware of the factors in favour of not restraining publication of volume 1. I am satisfied, however, that the balancing exercise comes down in favour of recognising the importance of the protection of the vulnerable adults by the granting of a declaration to that effect.’

Judges:

Dame Elizabeth Butler-Sloss P

Citations:

[2003] EWHC Fam 2746, Times 05-Dec-2003, Gazette 22-Jan-2004, [2004] EWHC 2746 (Fam), [2004] Fam 96, [2004] Fam Law 179, [2004] 1 FCR 113, [2004] 1 All ER 480, [2004] 2 WLR 926, (2004) 7 CCL Rep 426, (2004) 76 BMLR 210, [2004] BLGR 117, [2004] 1 FLR 541

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

England and Wales

Citing:

Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Lists of cited by and citing cases may be incomplete.

Children, Administrative, Media, Local Government, Human Rights, Information

Updated: 05 May 2022; Ref: scu.188626

Regina v Secretary of State for Health; Scientific Committee for Tobacco and Health ex parte Imperial Tobacco Limited and Others: Admn 6 Jul 1998

Citations:

[1998] EWHC Admin 712

Jurisdiction:

England and Wales

Cited by:

Appeal from – The Secretary of State For Health, The Secretary Of State For Trade and Industry, H M Attorney General v Imperial Tobacco Limited etc CA 16-Dec-1999
The fact that a European Directive appeared to be likely to be subject to a successful adverse finding in a pending hearing, was not sufficient to restrict the right of a member state to legislate to give effect to the Directive, even if they chose . .
Lists of cited by and citing cases may be incomplete.

European, Media, Health

Updated: 05 May 2022; Ref: scu.138833

A and M Records Ltd v VCI: 1995

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

Judges:

Sir Mervyn Davies

Citations:

[1995] EMLR 25

Jurisdiction:

England and Wales

Citing:

Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .

Cited by:

Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, media

Updated: 01 May 2022; Ref: scu.251656

Presidents Practice Direction (Applications for Reporting Restriction Orders): 2005

Citations:

[2005] 2 FLR 120

Jurisdiction:

England and Wales

Cited by:

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

Family, Media, Litigation Practice

Updated: 30 April 2022; Ref: scu.231163

Nankissoon Boodram v Attorney-General of Trinidad and Tobago: PC 19 Feb 1996

The court considered the effect of prejudicial reporting on a trial: ‘In a case such as this, the publications either will or will not prove to have been so harmful that when the time for the trial arrives the techniques available to the trial judge for neutralising them will be insufficient to prevent injustice. The proper forum for a complaint about publicity is the trial court, where the judge can assess the circumstances which exist when the defendant is about to be given in charge of the jury, and decide whether measures such as warnings and directions to the jury, peremptory challenge and challenge for cause will enable the jury to reach its verdict with an unclouded mind, or whether exceptionally a temporary or even permanent stay of the prosecution is the only solution.’

Judges:

Lord Mustill

Citations:

[1996] AC 842, (1996) 47 WIR 459

Jurisdiction:

England and Wales

Cited by:

Cited – Thakur Persad Jaroo v Attorney-General of Trinidad and Tobago PC 4-Feb-2002
(Trinidad and Tobago) The appellant sought a declaration that his constitutional rights had been infringed. He had bought a car. When told it may be stolen, he took it to the police station, but after he heard nothing and it was not returned. He . .
Cited – Independent Publishing Company Limited v The Attorney General of Trinidad and Tobago, The Director of Public Prosecutions PC 8-Jun-2004
PC (Trinidad and Tobago) The newspapers had been accused of contempt of court having reported matters in breach of court orders, and the editors committed to prison after a summary hearing: ‘In deciding whether . .
Cited – Director of Public Prosecutions and others v Tokai and others PC 12-Jun-1996
(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in . .
Cited – Noel Heath and Glenroy Matthew v The Government of the United States of America PC 28-Nov-2005
PC (St. Christopher and Nevis) The defendants resisted extradition to the US to face charges relating to importating of unlawful drugs.
Held: There was nothing in the arguments proposed to support an . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Commonwealth, Media

Updated: 28 April 2022; Ref: scu.180976

Avaaz Foundation, Regina (on The Application of) v The Office of Communications (OFCOM): Admn 27 Jul 2018

The Claimant, the Avaaz Foundation, challenged the decision of the Office of Communications concluding that various allegations of impropriety made against Fox News, a subsidiary of 21st Century Fox Inc, and the evidence in support of those allegations, did not provide a sufficient basis for it to decide in advance of a proposed merger between Fox and Sky plc that Sky, an existing holder of statutory broadcast licences, would not remain fit and proper to hold its licences.

Judges:

Supperstone J

Citations:

[2018] EWHC 1973 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Media, Licensing

Updated: 25 April 2022; Ref: scu.620632

France Televisions SA v Playmedia: ECJ 5 Jul 2018

Freedom of Establishment – Opinion – Reference for a preliminary ruling – Directive 2002/22 / EC – Electronic communications networks and services – Universal service and users’ rights – Concept of undertaking operating an electronic communications network used for the public broadcasting of radio or television programs – Enterprise which offers the viewing of streaming television programs and live on the Internet – Must carry

Citations:

C-298/17, [2018] EUECJ C-298/17 – O, ECLI:EU:C:2018:535

Links:

Bailii

Jurisdiction:

European

Media

Updated: 25 April 2022; Ref: scu.620020

Medway Council v Root: FD 15 Mar 2018

Applications for injunctions prohibiting the publication of information relating to two children who are now both over 18 years, concerning care proceedings in 2011 when they were made the subject of care orders.

Citations:

[2018] EWHC 1298 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Information, Media

Updated: 24 April 2022; Ref: scu.618395

In re F (otherwise A) (A Minor) (Publication of Information): FD 1976

Citations:

[1976] 3 All ER 274, [1976] 3 WLR 307, [1977] Fam 47

Statutes:

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

Jurisdiction:

England and Wales

Cited by:

Appeal from – In 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 . .
Cited – Re S (A Child) CA 10-Jul-2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the . .
Cited – Kelly (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 . .
Lists of cited by and citing cases may be incomplete.

Children, Media, Contempt of Court

Updated: 20 April 2022; Ref: scu.182818

Cellnex Telecom v Commission: ECJ 26 Apr 2018

Competition – Judgment – Appeal – State aid – Digital television – Support for the deployment of digital terrestrial television in the remote and less urbanized areas of Comunidad Autonoma de Castilla-La Mancha (Autonomous Community of Castile-La Mancha, Spain) – Subsidy for operators of digital terrestrial television platforms – Decision partially declaring aid measures incompatible with the internal market – Concept of ‘State aid’ – Advantage – Service of general economic interest – Definition – States’ margin of appreciation members

Citations:

ECLI: EU: C: 2018: 284, [2018] EUECJ C-91/17P

Links:

Bailii

Jurisdiction:

European

Commercial, Media

Updated: 14 April 2022; Ref: scu.609301

Brevan Howard Asset Management Llp v Reuters Ltd and Another: CA 7 Jul 2017

Application for an injunction to restrain publication in the media of confidential business information pending trial.

Judges:

Sir Terence Etherton, MR, Longmore, Sharp LJJ

Citations:

[2017] EWCA Civ 950

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

England and Wales

Media, Information, Human Rights

Updated: 13 April 2022; Ref: scu.588987

Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a European Directive, but the new regulations did not specifically disapply the regime for amending the licences. He should have made it clear in the statutory instrument that the protections were being removed. The regulations made under section 2(2) of the 1972 Act which, if valid, took away valuable rights of Orange which they had enjoyed under the Telecommunications Act 1984, were ultra vires, on the ground that the regulations had failed explicitly to state that rights enjoyed under primary legislation were being taken away.

Citations:

Times 15-Nov-2000, Gazette 23-Nov-2000

Statutes:

Telecommunications Act 1984 12 13 14 15, Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (1999 no 2540), European Communities Act 1972 2(2)

Citing:

Distinguished – Regina v Secretary of State for Trade and Industry ex parte Unison 1996
The 1978 Directive required consultation in the case of collective redundancies. Acts had incorrectly incorporated this requirement into English law. The error was corrected in the 1995 Regulations.
Held: Anything is ‘related to’ a Community . .

Cited by:

Cited – Oakley 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 . .
Lists of cited by and citing cases may be incomplete.

Administrative, Media, Licensing, Constitutional

Updated: 10 April 2022; Ref: scu.88661

Regina 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.

Citations:

Times 31-May-1993, Independent 04-Jun-1993

Statutes:

Broadcasting Act 1990 143 (1), Broadcasting Act 1983

Cited by:

Cited – 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 . .
Cited – McKennitt 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: . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Media

Updated: 09 April 2022; Ref: scu.86222

Regina v Secretary of State for Trade and Industry, ex parte Mercury Personal Communications Ltd: QBD 14 Sep 1999

The Secretary of State had misused his licensing powers under the Act to attempt to oblige the licensee to accept changes in the licence he already held. They had the right to bid at auction along wit hall others, and could not be required to agree to amendments to existing licenses as a condition of being allowed to bid.

Citations:

Times 14-Sep-1999

Statutes:

Telecommunications Act 1984 12 13 14 15

Media

Updated: 09 April 2022; Ref: scu.85543

Regina v Secretary of State for Health and Others, Ex Parte Imperial Tobacco Ltd and Others etc: ECJ 10 Oct 2000

A ban on tobacco advertising had been reached on the wrong legal basis under the Treaty, and was accordingly invalid. The Directive had been adopted under article 100a, but that was concerned only with measures to support harmonisation of member legal systems. The true aim of the directive was to improve health levels, but article 129(4) explicitly prevented this from being a purpose for measures under article 100a. There was no element which sought to promote the free movement of goods. There was no absence of free movement of goods, nor distortion of markets between member states to justify the need for the Directive under the article.

Citations:

Times 10-Oct-2000, C-376/99, C-74/99

Statutes:

ECTreaty Art 100a, Directive 98/43/EC on the approximation of laws relating to the advertising and sponsorship of tobacco products

Jurisdiction:

European

Media, European, Commercial, Health

Updated: 09 April 2022; Ref: scu.85479

Regina v Advertising Standards Authority Ltd,ex parte Charles Robertson (Developments) Ltd: QBD 26 Nov 1999

The decision as to whether material constituted an advertisement was one for the Authority to decide, and was not reviewable unless the true and contrary conclusion opposed the Authority’s finding. Articles written as a column in a newspaper the space for which was bought by the author were capable of being advertisements, and the Authority had jurisdiction to adjudicate.

Citations:

Times 26-Nov-1999

Media, Judicial Review

Updated: 09 April 2022; Ref: scu.85110

O’Brien v Croydon London Borough Council: QBD 27 Jul 1998

A notice requiring discontinuance of an advertisement should be served on the company whose products were being advertised as the advertiser as well as the owner of the site. Failure to do so did not however vitiate prosecution where no prejudice was suffered.

Citations:

Times 27-Jul-1998

Statutes:

Town and Country Planning (Control of Advertisements) Regulations 1992 (1992 No 666)

Planning, Media

Updated: 09 April 2022; Ref: scu.84412

Nottingham City Council v October Films Ltd: FD 21 May 1999

There is a need to protect children from exploitation by the media. Film makers who sought to persuade vulnerable children to participate in filming could be required to provide undertakings to the court not further to do so.
Sir Stephen Brown P said: ‘In this case it is apparent from the correspondence, in particular the solicitors’ letters, that the film company and Channel 4 are at pains to assert their democratic right to interview and film children provided that they obtain their individual consent. There appears to be a complete lack of understanding on their part of the position of the director of social services who has a responsible statutory duty to protect young people in his area. It appears to me that the problems in this case have principally arisen from the fact that the film company took the deliberate decision not to alert or to inform the social services of their proposed operations. They approached these children without parental consent or knowledge and indeed without the knowledge of anybody whose duty it was to seek to afford a degree of supervisory assistance to the children. Undoubtedly misunderstandings occurred as a result.’

Judges:

Sir Stephen Brown P

Citations:

Times 21-May-1999, Gazette 09-Jun-1999, [1999] 2 FLR 347

Cited by:

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

Media, Children, Media

Updated: 09 April 2022; Ref: scu.84375

Informationsverein Lentia Etal v Austria: ECHR 1 Dec 1993

A prohibition on the setting up and operating of a broadcasting station is capable of being violation.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 14+10; Pecuniary damage – claim rejected; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings 13914/88; 15041/89; 15717/89; 15779/89; 17207/90

Citations:

Times 01-Dec-1993, 13914/88, 15041/89, (1993) 17 EHRR 93

Statutes:

European Convention on Human Rights 10

Cited by:

Cited – Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla PC 14-Feb-2001
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 08 April 2022; Ref: scu.82328

In Re H, In Re D: QBD 13 Aug 1999

The divisional court has power to review the lifting of bans on reporting of cases involving youths. The legislation is notoriously complicated, and further so because of the Human Rights Act, and needs review. In this case a re-trial was a real possibility, and despite the need for open justice, the order lifting the ban on reporting after conviction was set aside.

Citations:

Times 13-Aug-1999

Statutes:

Children and Young Persons Act 1933 39

Media

Updated: 08 April 2022; Ref: scu.81928

HM 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 revealing of the secrets of the jury room by a juryman to his friend or neighbour as well as the opening up of such knowledge to the public as a whole by someone to whom it has been revealed. And in the light of the background to which we have referred, we see every reason why Parliament should have intended the word ‘disclose’ to cover both situations. Nor do we regard it as significant that the secrets came into the hands of the newspaper indirectly. The existence of a market for the transcript of interviews with jurors containing prohibited details of their deliberations is as inimical to the interests of justice as the direct solicitation for money which occurred in this case. Section 8 is aimed at keeping the secrets of the jury room inviolate in the interests of justice. We believe that it would only be by giving it an interpretation which would emasculate Parliament’s purpose that it could be held that the widespread disclosure in this case did not infringe the section.’
Beldam LJ pointed out that if disclosures were allowed, jurors may come under pressure to make disclosures: ‘It was against this background that Parliament enacted section 8 of the Act of 1981. If breaches of the secrecy of the jury room had escalated to a degree that Parliament deemed a statutory sanction to be necessary, then its duty was to define clearly the circumstances in which an offence would be committed so that criminal sanctions were restricted to those offences which, in Lord Diplock’s words in Attorney-General v Leveller Magazine Ltd [1994] AC 440, 449: ‘involve an interference with the due administration of justice either in a particular case or more generally as a continuing process.” and ‘Thus, we believe, the law has long recognised the importance of complete freedom of discussion in the jury room. If a juror were to be deterred from expressing his doubt of the accused’s guilt because he feared subsequent recrimination or ridicule, the accused might be deprived of a persuasive voice in his favour. So, too, a jury deciding a plaintiff’s claim to damages for libel ought not to be exposed to interrogation by the erstwhile defendants or others who share an interest in avoiding liability for, or reducing the consequences of, defamatory publication. We consider that the free, uninhibited and unfettered discussion by the jury in the course of their deliberations is essential to the proper administration of a system of justice which includes trial by jury. The enacted provisions designed to maintain such discussion are confined to soliciting, disclosing or publishing the particular aspects of the discussion in the jury room identified in the section. To that extent only do they restrain freedom expression. There is no restriction, as Mr Pannick [counsel for the newspaper] suggested, on the freedom to express opinions, advance arguments, advocate changes or promote reform on the many aspects of jury trial which have already been the subject of public debate and which are, and remain, proper objects of public concern and interest. In due course the European Court of Human Rights may be called upon to decide whether the measures enacted by Parliament are disproportionate to the restriction imposed on freedom of expression. When it does so, it will surely take full account of Parliament’s experience of trial by jury as an instrument of justice in the United Kingdom and its appreciation of the need today to protect the secrecy of the jury room. We were invited to take these factors into account to guide our interpretation of section 8. To the extent that it is permissible for this purpose, we have considered them.’

Judges:

Beldam LJ

Citations:

Gazette 09-Dec-1992

Statutes:

European Convention on Human Rights, Contempt of Court Act 1981 8(1)

Citing:

Appealed to – HM 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 . .
Cited – Attorney-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 . .

Cited by:

Appeal from – HM 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 . .
Cited – HM 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 . .
At First Instance – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media, Contempt of Court

Updated: 08 April 2022; Ref: scu.81405

Hellewell 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 them to staff.
Held: A duty of confidence could arise when the police photographed a suspect without his consent, but the photograph could be published if reasonably required for the prevention and detection of crime, the investigation of alleged offences, or the apprehension of suspects unlawfully at large. The police could rely on the public interest defence to any action for breach of confidence. The police in disclosing the photograph acted entirely in good faith for the prevention or detection of crime and had distributed it only to persons who had reasonable need to make use of it. However ‘the term ‘reasonable’ is fluid in its application and it is as impossible as it is undesirable to lay down anything like a lexicon of the circumstances that will amount to reasonable use.’ (Obiter:) ‘If someone with a telephoto lens were to take from a distance and with no authority a picture of another engaged in some private act, his subsequent disclosure of the photograph would, in my judgment, as surely amount to a breach of confidence as if he had found or stolen a letter or diary in which the act was recounted and proceeded to publish it. In such a case, the law would protect what might reasonably be called a right of privacy, although the name accorded to the cause of action would be breach of confidence. It is, of course, elementary that, in all such cases, a defence based on the public interest would be available.’

Judges:

Laws J

Citations:

Gazette 15-Feb-1995, Times 13-Jan-1995, [1995] 1WLR 804, [1995] 4 All ER 473

Citing:

Cited – Marcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
Cited – 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 . .

Cited by:

Cited – Regina (on the Application of Ellis) v The Chief Constable of Essex Police Admn 12-Jun-2003
An officer proposed to print the face of a convicted burglar on posters to be displayed in the town. The court considered the proposal. The probation service objected that the result would be to make it more difficult for him to avoid criminality on . .
Cited – Regina 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 . .
Cited – Campbell 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 . .
Cited – Douglas 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 . .
Cited – Callaghan 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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Police, Media, Human Rights

Updated: 08 April 2022; Ref: scu.81310

Telefonica v Commission: ECJ 13 Dec 2017

Judgment – Appeal – Agreements, decisions and concerted practices – Portuguese and Spanish telecommunications markets – Non-compete clause contained in an agreement concluded between two companies – Restriction by object – Rights of the defense – Refusal to hear witnesses – Fines – Gravity of the infringement – Mitigating circumstances

Citations:

ECLI:EU:C:2017:961, [2017] EUECJ C-487/16

Links:

Bailii

Jurisdiction:

European

Commercial, Media

Updated: 02 April 2022; Ref: scu.602115

Spain v Commission – C-81/16: ECJ 20 Dec 2017

Competition – State Aid Competition – State Aid – Appeal – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanised areas – Subsidies granted to operators of digital terrestrial television platforms – Decision declaring the aid incompatible in part with the internal market – Concept of ‘State aid’ – Advantage – Service of general economic interest – Definition – Discretion of the Member States

Citations:

C-81/16, [2017] EUECJ C-81/16P

Links:

Bailii

Jurisdiction:

European

European, Media

Updated: 02 April 2022; Ref: scu.602113

GYH v Persons Unknown (Responsible for The Publication of Webpages): QBD 19 Dec 2017

Application without notice to the defendant for an interim non-disclosure order to restrain what she alleges is a campaign of harassment. The campaign consists mainly of the publication of various items or categories of personal information or purported information about the claimant. These include allegations that the claimant has HIV/AIDS, and other information or purported information about her sexual life, and her physical and mental health. It is the claimant’s case that the allegation that she has HIV/AIDS is false, as is some of the other information about her.

Judges:

Warby J

Citations:

[2017] EWHC 3360 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Media, Torts – Other

Updated: 02 April 2022; Ref: scu.602138

Comunidad Autonoma Del Pais Vasco and Itelazpi v Commission: ECJ 20 Dec 2017

Competition – State Aid – Appeal – State aid – Digital television – Aid for the deployment of digital terrestrial television in remote and less urbanised areas – Subsidies granted to operators of digital terrestrial television platforms – Decision declaring the aid incompatible in part with the internal market – Concept of ‘State aid’ – Advantage – Service of general economic interest – Definition – Discretion of the Member States

Citations:

C-66/16, [2017] EUECJ C-66/16P

Links:

Bailii

Jurisdiction:

European

Media, Commercial

Updated: 02 April 2022; Ref: scu.602078

HRH Louis Xavier Marie Guillaume Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma v HRH Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Par: FD 5 Dec 2017

After financial relief hearings, W sought an order allowing limited further disclosures to counteract what she said was misleading reportage

Citations:

[2017] EWHC 3095 (Fam), [2017] WLR(D) 820

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Family, Media

Updated: 02 April 2022; Ref: scu.601946

Commission v Tv2/Danmark (State Aid – Public Broadcasting Service): ECJ 9 Nov 2017

Judgment – Appeal – State aid – Article 107(1) TFEU – Public broadcasting service – Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark – Concept of ‘aid granted by a Member State or through State resources’

Citations:

C-656/15, [2017] EUECJ C-656/15

Links:

Bailii

Jurisdiction:

European

Media

Updated: 01 April 2022; Ref: scu.599672

Persidera SpA v Authority for the Garanzie nelle Comunicazioni and Others: ECJ 26 Jul 2017

(Judgment) Reference for a preliminary ruling – Electronic communications – Telecommunications services – Directives 2002/20 / EC, 2002/21 / EC and 2002/77 / EC – Equal treatment – Determination of the number of digital radio frequencies to be granted to each operator already holding analogue radio frequencies – Taking into account analogue radio frequencies used illegally – Correspondence between the number of analogue radio frequencies held and the number of digital radio frequencies obtained

Citations:

C-112/16, [2017] EUECJ C-112/16, [2017] EUECJ C-112/16_O

Links:

Bailii, Bailii

Jurisdiction:

European

Media, Licensing

Updated: 28 March 2022; Ref: scu.591337

Markham and Another v Regina: CACD 9 Jun 2017

Judicial review of decision to publicise the name of a young person accused of a crime.

Judges:

Sir Brian Leveson Q QBD, Blake, Lewis JJ

Citations:

[2017] EWCA Crim 739

Links:

Bailii

Statutes:

Youth and Criminal Justice Act 1999 45, Children and Young Persons Act 1933 39

Jurisdiction:

England and Wales

Criminal Practice, Children, Media

Updated: 27 March 2022; Ref: scu.588233

Makin v News Group Newspapers Ltd: ChD 12 Jun 2017

The solicitor and proposed executor of the will of the infamous Moors Murder sought an injunction to prevent the publication by the defendant newspaper of the terms of the will, alleging that the information had been received in breach of confidence. The court now gave reasons for refusal of the application.
Held: ‘i) there was a public interest in the fact that the will contained details of a book which Brady had apparently written about his crimes which he wanted published;
ii) there was obviously no risk that publication would cause detriment to Brady or his reputation;
iii) the will would have to be made public in due course in any even
iv) publication would not cause any material further prejudice to Mr. Makin in relation to the difficulties which he faced in making arrangements for Brady’s funeral. There had already been intense media speculation and interest in that regard;
v) there was a risk of significant loss and damage to The Sun if I granted the injunction, because it would have to stop, or make significant changes to its publication processes, if I were to require the article to be removed from the newspaper; and
vi) as executor, Mr. Makin had no significant assets from Brady’s estate with which to meet any cross-undertaking as to damages.

Judges:

Snowden J

Citations:

[2017] EWHC 1386 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Media, Wills and Probate, Intellectual Property

Updated: 27 March 2022; Ref: scu.588214

Giggs v Giggs: FD 17 Feb 2017

The parties, both famous, were divorcing. In financial remedy proceedings, they now sought restrictions on the publication of the financial details of the applications.
Held: Granted as to financial details.

Judges:

Cobb J

Citations:

[2017] EWHC 822 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Family, Media, Human Rights

Updated: 24 March 2022; Ref: scu.582026

Verband Sozialer Wettbewerb v DHL Paket Gmbh: ECJ 30 Mar 2017

ECJ Judgment : Unfair Business Practices – Advertisement In A Print Medium – Omission of Material Information – Reference for a preliminary ruling – Unfair business practices – Advertisement in a print medium – Omission of material information – Access to that information via the website by means of which the products concerned are distributed – Products sold by the person who published the advertisement or by a third party

Citations:

ECLI:EU:C:2017:243, [2017] EUECJ C-146/16, [2017] WLR(D) 227

Links:

Bailii, WLRD

Jurisdiction:

European

Media

Updated: 24 March 2022; Ref: scu.581709

Stunt v Associated Newspapers Ltd: QBD 6 Apr 2017

The Court was asked whether section 32(4) of the Act, which provides in certain circumstances for an automatic stay of proceedings in respect of journalistic materials (amongst others), is incompatible with EU law.
Held: The sub section forms an important part of the protection of the rights of freedom of expression. A greater need is to be shown to allow prior restraint of a journalists publicatuon, and therefore there was nothing in section 32(4) which failed to give effect to the Directive. The claim was to be stayed.

Judges:

Popplewell J

Citations:

[2017] EWHC 695 (QB), [2017] WLR(D) 251

Links:

Bailii, WLRD

Statutes:

Data Protection Act 1988 32(4), Charter of Fundamental Rights of the European Union, Directive 95/46/EC

Jurisdiction:

England and Wales

Information, European, Media

Updated: 24 March 2022; Ref: scu.581697

Blackman, Regina v (Media): CACD 28 Mar 2017

The defendant officer appealed against his conviction for murder. Whilst serving a s an officer in Afghanistan, he had killed a captured soldier. That conviction had been quashed and a conviction for manslaughter on diminished responsibility substituted.
Held: The court now gave reason why it had refused to allow republication in the media of video evidence of the offence.

Citations:

[2017] EWCA Crim 326

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Blackman, Regina v CACD 22-May-2014
The appellant had been convicted of murder. As an Army sergeant serving in Afghanistan, he had killed a captured insurgent. . .
See Also – Blackman, Regina v CACD 15-Mar-2017
The defendant appealed against his conviction for murder. As an army officer serving in Afghanistan he had killed an injured captured insurgent.
Held: The defendant had at the time of the offence suffered a recognised psychiatric condition, . .

Cited by:

See Also – Blackman, Regina v (Sentence) CACD 28-Mar-2017
Sentence – manslaughter of prisoner
The defendant whilst serving in Afghanistan had killed a prisoner. His appeal against his conviction for murder had been successful, and a conviction for manslaughter had been substituted on the basis that he was at the time suffering a recognised . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Media

Updated: 24 March 2022; Ref: scu.581277

The Football Association Premier League Ltd v British Telecommunications Plc and Others: ChD 13 Mar 2017

The association sought an order requiring the defendant broadband suppliers to block streaming services which operated to breach their intellectual property rights in the broadcast of football matches.

Judges:

Arnold J

Citations:

[2017] EWHC 480 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property, Media

Updated: 09 February 2022; Ref: scu.579949

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society

The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to 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.’

Citations:

5493/72, (1976) 1 EHRR 737, [1976] ECHR 5

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 1 10, Obscene Publications Act 1959, Obscene Publications Act 1964

Jurisdiction:

Human Rights

Cited by:

Cited – Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla PC 14-Feb-2001
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this . .
Cited – Redmond-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, . .
Cited – Percy 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, . .
Cited – Goldstein, 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 . .
Cited – Nilsen, 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 . .
Cited – Evans 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 . .
Cited – A 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 . .
Cited – Dow 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 . .
Cited – Interfact 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 . .
Cited – Axon, 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.
Cited – Laporte, 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. . .
Cited – Mersey 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 . .
Cited – Financial 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 . .
Cited – Regina 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 . .
Cited – David Wilson v Procurator Fiscal, Glasgow HCJ 2-Sep-2005
. .
Cited – Dehal 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 . .
Cited – Axon, 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.
Cited – Laporte, 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. . .
Cited – Norris 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 . .
Cited – Moss 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. . .
Cited – Connolly 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 . .
Cited – Mersey 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 . .
Cited – Bysermaw 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 . .
Cited – AG (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 . .
Cited – Ofulue 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 . .
Cited – In 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 . .
Cited – Gillies 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 . .
Cited – Donaldson, Re Judicial Review CANI 3-Apr-2009
. .
Cited – 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 . .
Cited – SRM 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. . .
Cited – Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty (‘SHAC’) and Others QBD 30-Oct-2009
. .
Cited – Bayer Cropscience Ltd and Another v Stop Huntingdon Cruelty (‘SHAC’) and Others QBD 22-Dec-2009
. .
Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Cited – Whaley, Friend v The Lord Advocate for Judicial Review of the Protection of Wild Mammals (Scotland) Act 2002 SCS 20-Jun-2003
. .
Cited – Norwood 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 . .
Cited – PS, 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 . .
Cited – Adams, 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
. .
Cited – Pabari 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 . .
Cited – B, 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. . .
Cited – McLellan 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 . .
Cited – Regina 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 . .
Cited – Adams 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 . .
Cited – N, 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. . .
Cited – Hadiova v Secretary of State for the Home Department CA 9-May-2003
. .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – British 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 . .
Cited – City 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 . .
Cited – Seckerson 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 . .
Cited – 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 . .
Cited – Core 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 . .
Cited – 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 . .
Followed – Marckx 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. . .
Cited – Recovery 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 . .
Cited – Miller v The College of Policing CA 20-Dec-2021
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this . .
Cited – DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Leading Case

Updated: 07 February 2022; Ref: scu.164876

Re X Children: FD 27 Jan 2017

In the course of children proceedings, the mother had died in unexplained circumstances within the precinct of the court. The court now made consequesntial orders.

Judges:

Jeremy Richardson HHJ

Citations:

[2017] EWHC 120 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Media

Updated: 31 January 2022; Ref: scu.575293

Associated Newspapers Ltd v HM Revenue and Customs: CA 10 Feb 2017

This appeal is concerned with the VAT consequences (in respect of both input and output tax) of two promotional schemes carried out by Associated Newspapers Limited (‘ANL’) in order to boost the circulation of the Daily Mail and the Mail on Sunday.

Judges:

Jackson, Patten, Black LJJ

Citations:

[2017] EWCA Civ 54

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Media

Updated: 29 January 2022; Ref: scu.574290

TV1 v Commission: ECFI 26 Jan 2017

ECJ (Judgment) Public service contracts – Tender procedure – Provision of integrated audiovisual production, broadcasting and archiving services – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Abnormally low tender – Obligation to request clarification – Obligation to state reasons – Transparency – Equal treatment and non-discrimination – Manifest error of assessment

Citations:

ECLI: EU:T:2017: 35, [2017] EUECJ T-700/14

Links:

Bailii

Jurisdiction:

European

Media, Contract

Updated: 29 January 2022; Ref: scu.573819

A and B v Persons Unknown: ChD 19 Dec 2016

Adults who were convicted of very serious crimes, whilst they were children, sought a permanent order restraining the press and all other persons from publishing their names or identities. The order is sought on the grounds that, if it is not made, there would be a very serious risk to their rights under articles 2, 3 and 8 of the European Convention on Human Rights (the ‘ECHR’), because the claimants would be at risk of attack by vigilantes and other persons seeking revenge against them.
Held: The circumstances were exceptional, and orders were made.

Sir Geoffrey Vos, Ch
[2016] EWHC 3295 (Ch)
Bailii
England and Wales

Media

Updated: 27 January 2022; Ref: scu.572750

Spain v Commission T-808/14: ECFI 15 Dec 2016

ECJ Judgment – State aid – Digital television – Support for the deployment of digital terrestrial television in remote and less urbanized areas of Castilla-La Mancha – Decision declaring aid incompatible with the internal market – Concept of undertaking – Economic activity – Advantage – Service of general economic interest – Distortion of competition – Article 107 (3) (c) TFEU – Duty of care – Reasonable time – Legal certainty – Equal treatment – Proportionality – Subsidiarity – Right to information

ECLI:EU:T:2016:734, [2016] EUECJ T-808/14
Bailii
European

Media

Updated: 27 January 2022; Ref: scu.572612

Mosley 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.

Eady J
[2008] EWHC 687 (QB)
Bailii
European Convention on Human Rights 8
England and Wales
Cited by:
See Also – Mosley 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 Also – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – 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 . .
Cited – 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 . .

Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Information

Updated: 26 January 2022; Ref: scu.266533