Take 10 #12

Published on 04 February 2021

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

News items

Soriano v Forensic News Network – GDPR jurisdiction 

In a jurisdiction challenge brought in a claim in data protection, malicious falsehood, libel, harassment and misuse of private information, Mr Justice Jay held that whilst the Claimant had satisfied s9 Defamation Act 2013, he had not satisfied Article 3 of the GDPR. The Claimant is a UK resident but the Defendants are all domiciled in various US States, whose publications were US focused with only a handful of UK subscribers. Read more 

Duke of Sussex statement in open court

The Duke of Sussex settled his libel action against the Mail on Sunday with a reading of a statement in open court before Mr Justice Nicklin this week. Read more

IPSO dismisses accuracy complaint

A man who claimed that a general view of a crime scene from which his home was visible in the background thereby implied that it was the site of a cannabis farm has had his complaint dismissed by IPSO. Read more 

BBC fined £28,000 for contempt of court

The BBC made a video and audio recording of a half day hearing in the Planning Court before Mr Justice Holgate and published a short clip from the video. Read more 

M v Chief Constable of Sussex – data sharing 

In this case, Sussex police shared information about a vulnerable teenager with the Brighton & Hove Business Crime Reduction Partnership (BCRP) for the purposes of their 'exclusion notice scheme' to prohibit troublesome persons from entering their premises. Read more 


Nicklin J appointed Judge in Charge of Media and Communications List

Mr Justice Nicklin has been appointed Judge in Charge of the High Court's Media and Communications List. He takes over from Mr Justice Warby, who was elevated to the Court of Appeal this week. Read more 

Newspaper bosses call for 'fair payment'

During a hearing held by the House of Lords Communications and Digital Committee on the future of journalism, newspaper bosses called for media organisations to receive a larger portion of profits their content generates on online platforms. Read more 

Appeals 2021 

The Court of Appeal has granted an oral hearing for permission to appeal in March to Johnny Depp following his application for permission to appeal following The Sun's successful defence of a libel action brought by Depp. Meanwhile, the Supreme Court appeal brought by Bloomberg has been listed to be heard on 30 November and 1 December 2021. Read more 

Moderation decisions overruled by Facebook Oversight Board

Facebook's independent oversight board has the power to overrule bosses, including Mark Zuckerberg, on the removal of content from the platform. Read more 

Lifelong anonymity 

Two teenage girls who tortured and murdered a vulnerable woman in her home have been granted lifelong anonymity today. Read more 

Quote of the fortnight:

"In the UK we tend to take press freedom for granted - even though it comes under pressure from time to time. But in far too many parts of the Commonwealth, it is under sustained attack day in day out - and many people have paid with their lives in defending it. The fight must go on to extend freedom of the media, which is at the heart of any democracy, and the establishment of self-regulatory systems which are so vital in underpinning it" – Professor Robert Pinker CBE, one of the founding members of the Press Complaints Permission, on receiving an Astor Award by the Commonwealth Press Union Media Trust for his contribution across the Commonwealth to Press Freedom

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