Kellogg’s ‘disappointed’ by TV ad ban for ‘healthier’ granola product – Daily Telegraph

Posted August 8th, 2018 in advertising, children, food, media, news by tracey

‘Kellogg’s said it was disappointed by a ruling that banned its TV advert to appear between children’s programmes, despite it being for a “healthier” product. Ads for food giants KFC and Kellogg’s have been banned for promoting junk food to children, one outside a school and the other during a television cartoon programme.’

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Daily Telegraph, 8th August 2018

Source: www.telegraph.co.uk

BBC’s Panorama broke Ofcom rules by naming ‘anonymous’ teenager – BBC News

Posted August 7th, 2018 in anonymity, BBC, media, news, secure training centres, young persons by sally

‘The BBC’s Panorama broke broadcasting rules by mistakenly revealing the first name of a teenager who was meant to be anonymous, TV watchdog Ofcom has said.’

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BBC News, 6th August 2018

Source: www.bbc.co.uk

DPA Claims Against the Press: The Stunt Continues – Panopticon

Posted August 6th, 2018 in data protection, media, news by sally

‘Stunt v Associated Newspapers Ltd [2018] EWCA Civ 1780 is a dispute between the Daily Mail, Mail on Sunday and Mail Online, and the eye-wateringly rich former son-in-law of Berne Ecclestone about coverage of the latter by the former. Simply googling the claimant’s name and seeing the Mail Online headines gives some idea of why he might find that coverage less than flattering. It is, in short, a dispute where most people would like both sides to lose.Happily, thanks to the Court of the Appeal, they have. Both sides now have to fund a reference to the CJEU about the compatibility of section 32(4) of the Data Protection Act 1998 (still alive and kicking for these purposes) with Directive 95/46/EC, and the considerable delay built into that process. The reference was made because the Court split two to one (Sir Terence Etherton MR and Macfarlane LJ against Sharp LJ) on whether the stay mechanism imposed by section 32(4) was consistent with Article 9 of the Directive (freedom of expression rights) and Article 22 (effective remedy rights). At first instance, Popplewell J had found the provision to be a permissible implementation of the Directive.’

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Panopticon, 6th August 2018

Source: panopticonblog.com

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 3rd, 2018 in defamation, media, news by tracey

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.’

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OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 2nd, 2018 in defamation, media, news by tracey

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.

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OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

Cliff Richard and Private Investigations — Dr Richard Danbury – UK Human Rights Blog

Posted July 30th, 2018 in BBC, media, news, privacy by sally

‘There is an old joke, in which a man is driving through the countryside, lost. He stops his car in a small village to ask a local for directions. The local responds by saying: ‘you want to get where? Oh, to get there, I wouldn’t start from here.’’

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UK Human Rights Blog, 27th July 2018

Source: ukhumanrightsblog.com

Sir Cliff Richard: BBC agrees to pay £850,000 legal costs – BBC News

Posted July 26th, 2018 in BBC, costs, freedom of expression, media, news, police, privacy by sally

‘The BBC has agreed to pay Sir Cliff Richard £850,000 within 14 days to cover his legal costs, following his privacy case against the corporation.’

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BBC News, 26th July 2018

Source: www.bbc.co.uk

Sir Cliff v BBC: A new era for police investigations? — Patricia Londono – UK Human Rights Blog

Posted July 20th, 2018 in BBC, media, news, privacy by tracey

‘Sir Cliff’s case against the BBC (Sir Cliff Richard OBE v (1) The British Broadcasting Corporation (2) Chief Constable of South Yorkshire Police ) following the raid on his home in August 2014 was billed as of “enormous importance” in relation to whether the media are able to identify a suspect pre-charge, as well as having “massive implications” for the reporting of early phases of police investigations. The first trial of its kind in this country, this article considers the ramifications of this High Court decision on the press reporting of those subject to police investigation.’

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UK Human Rights Blog, 19th July 2018

Source: ukhumanrightsblog.com

Media experts alarmed at consequences of Cliff Richard ruling – The Guardian

Posted July 19th, 2018 in BBC, media, news, police, privacy, public interest by tracey

‘When he emerged from court on Wednesday after a judge ruled in his favour in one of the most carefully watched media law cases of the year, Sir Cliff Richard declared himself delighted at what he saw as a vital victory over the BBC. But while there is no doubt that the decision is a blow to the corporation, the case sets a wider precedent, too – and one that experts say could have a substantial impact on the future media coverage of criminal cases.’

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The Guardian, 18th July 2018

Source: www.theguardian.com

Privacy vs Freedom of Expression: How the law has developed – Daily Telegraph

Posted July 19th, 2018 in freedom of expression, human rights, media, news, privacy by tracey

‘The delicate balance between a person’s right to privacy and someone else’s right to freedom of expression were set at odds when they were enshrined in the Human Rights Act, brought in by Tony Blair’s Labour Government in 1998.’

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Daily Telegraph, 18th July 2018

Source: www.telegraph.co.uk

Cliff Richard wins £210,000 in damages from BBC in privacy case – The Guardian

Posted July 18th, 2018 in BBC, damages, media, news, privacy by tracey

‘Cliff Richard has won his privacy case against the BBC and will be awarded £210,000 in damages following a lengthy legal battle with the broadcaster after it reported the singer was being investigated over historic child sex assault claims.’

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The Guardian, 18th July 2018

Source: www.theguardian.com

Alex Salmond Show tweets misled audience, says watchdog Ofcom – BBC News

Posted July 17th, 2018 in complaints, media, news by tracey

‘The Alex Salmond Show on Kremlin-backed TV channel RT breached broadcasting rules, media watchdog Ofcom has ruled. The regulator investigated “audience tweets” used in the former Scottish first minister’s show on the Russian broadcaster, which aired last year. It found they were presented as having come from viewers, but most were posted by people working on the programme.’

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BBC News, 16th July 2018

Source: www.bbc.co.uk

Daily Mail publisher ordered to pay libel damages to Earl Spencer over report he was ‘heartless’ to Diana – The Independent

Posted June 29th, 2018 in damages, defamation, media, news, royal family by tracey

‘Associated Newspapers, the publisher of the Daily Mail, has paid libel damages to the brother of Princess Diana over a claim he acted in a heartless and callous way towards her following the collapse of her marriage to Prince Charles.’

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The Independent, 28th June 2018

Source: www.independent.co.uk

Defamation claims on the rise in London – OUT-LAW.com

Posted June 28th, 2018 in defamation, media, news, statistics by sally

‘The growing use of social media could be a factor behind the 39% rise in the number of defamation claims brought before the courts in London that has been recorded, a media law expert has said.’

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OUT-LAW.com, 27th June 2018

Source: www.out-law.com

How effective is press regulation when it comes to accuracy? – Transparency Project

Posted June 25th, 2018 in complaints, media, news by sally

‘We recently complained to The Daily Mail about an inaccurate article compounded by a particularly misleading headline which extracted a minor fact from a judgment that had potential to make an attention grabbing headline, and made it sound as if it was what the case was all about. The headline was :

Nurse’s one-year-old son is taken from her care after she let him sit in a Bob The Builder toy car that was ‘inappropriate’ for his age.

Our complaint was rejected. We promised to progress our complaint to IPSO and to set out the basis of our complaint before we did so (on the basis that IPSO rules mean we can’t always publish the detail of complaints correspondence once we’ve entered the process).’

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Transparency Project, June 2018

Source: www.transparencyproject.org.uk

Limits on transparency in the family courts – Family Law

Posted June 12th, 2018 in disclosure, family courts, injunctions, media, news by sally

‘Family analysis: Following a judge’s decision in 2002 that a girl who was then two years old should live with her father and that the mother should not have direct access, the Family Division in Re G (A Child) [2018] EWHC 1301 (Fam), [2018] All ER (D) 148 (May) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media. Adam Wolanski, barrister, of 5RB, examines the issues.’

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Family Law, 11th June 2018

Source: www.familylaw.co.uk

Bob the Builder – Mail, please fix it! – Transparency Project

Posted June 8th, 2018 in care orders, children, media, news by sally

‘The Daily Mail reported yesterday that a ‘Nurse’s one-year-old son is taken from her care after she let him sit in a Bob The Builder toy car that was ‘inappropriate’ for his age’.’

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Transparency Project, 6th June 2018

Source: www.transparencyproject.org.uk

High Court: Clinton privacy claim can be heard in business or media lists – Litigation Futures

Posted June 7th, 2018 in courts, lists, media, news, privacy by sally

‘The media and communications list (M&CL) in the Queen’s Bench Division, and the Chancery Division’s business list are not specialist lists and a privacy claim can be heard equally well in either, the High Court has ruled.’

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Litigation Futures, 7th June 2018

Source: www.litigationfutures.com

Councils mull legal action over government direction to cut newspaper editions – Local Government Lawyer

‘Two London boroughs are considering whether to launch a judicial review challenge to directions by the government requiring them to only publish four issues of their newspapers a year, it has emerged.’

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Local Government Lawyer, 4th June 2018

Source: www.localgovernmentlawyer.co.uk

‘Shameless’ headlines on benefits family not defamatory – Law Society’s Gazette

Posted June 1st, 2018 in data protection, defamation, equality, malicious falsehood, media, news by sally

‘Forthright tabloid press coverage of an immigrant family’s decision to turn down an offer of a five-bedroom local authority house as too cramped for eight children was not defamatory, the presiding judge of the Media and Communications Bench ruled. However Mr Justice Warby allowed a complaint about readers’ comments to go ahead on the grounds of harassment.’

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Law Society's Gazette, 29th May 2018

Source: www.lawgazette.co.uk