Take 10 #9

Published on 08 January 2021

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

News items

Depp seeks PTA against "plainly wrong" judgment

Johnny Depp has applied for permission to appeal against Nicol J's decision that the now well-known imputation published by the Sun was substantially true.  Mr Depp has applied on seven grounds, all of which are based on Nicol J's findings of fact. Read more

Children v TikTok

A legal challenge has been initiated against TikTok, the video-sharing app, for alleged breaches of privacy and data protection law. Read more


Nicklin J has struck out Max Mosley's claim against ANL for malicious prosecution in respect of ANL's submission of a 'dossier' to the CPS. Read more 

Ofcom: hate speech

Following consultation in December, Ofcom has widened its definition of 'hate speech' under Section 3 of its Broadcasting Code to include several new prohibited bases of intolerance, including age, language, 'political or any other opinion', social origin and property.  Read more 

Restrictions on naming teenagers convicted of murder lifted

Two 17-year-olds convicted of the murder of two teenagers, along with three others as part of a gang attack, can now be named as Ben Potter and Jamie Chandler after the trial judge lifted reporting restrictions on applications made by the PA and the BBC.  Read more


Sharp minds

The BBC announced this week that Richard Sharp will be the organisation's next chairman.  Read more


Facebook and Twitter initially blocked Donald Trump's accounts from posting (for 24 and 12 hours respectively) after he addressed supporters who stormed the US Capitol on 6 January 2021 over concerns he was responsible for inciting the violence. Read more

French journalist's unsuccessful appeal to ECtHR

In a context not dissimilar to the current domestic debate around secrecy of police investigations, French journalist Stéphane Sellami published a composite image produced by the police in a rape investigation and obtained in breach of professional secrecy. Read more

Media takeover

JPI Media, the UK's third largest local news publisher, with titles such as The Scotsman, The Yorkshire Post and the Lancashire Evening Post, has been bought for £10.2m by National World, as reported by the BBC. Read more  

Quote of the fortnight:

"The starting point is that the principle of open justice generally demands that the public should be informed of the identity of those who commit very serious offences, and none could be more serious than these offences of murder and section 18 wounding with intent." (Mr Justice Spencer, when determining an application to lift reporting restrictions put in place to protect the identity of 17-year-old murderers Ben Potter and Jamie Chandler)

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