The BBC presenter accused of bribing a kid for sexually explicit photos has been identified as Huw Edwards. In her declaration that he was receiving hospital treatment for his mental health, Edwards' wife specifically mentioned him. There was no evidence discovered by the South Wales Police or the Metropolitan Police that would suggest criminal offenses had been committed.
The Sun, the publication that first reported the incident, claimed in a statement on July 12, 2023, that it never implied criminal activity had taken place in its original front-page story. The Sun has come under fire for how it handled the issue, particularly for not publishing the young person's denial. Commentary on the story was posted by Information here and here. You can read Hacked Off's commentary here, here, and here. Summaries of the story's progression can be found in The Independent, Sky News, The BBC, and the Guardian. The Guardian investigates the merits of any potential legal action Edwards might take against The Sun.
The football player Dele Alli has stated that he felt pressured to talk about the traumatic experiences he had as a child because tabloid media was after him. In an interview with former player and pundit Gary Neville, Alli said he wasn't ready to discuss his experiences, but he was doing it now because he wanted to do so on his own terms. The tabloid pressure, according to Hacked Off, is "appalling."
Internet and Social Media
After a delay due to compliance with the EU General Data Protection Regulation in June 2023, Google debuted Bard, their generative artificial intelligence platform, in the EU, according to Euractiv.
Data Privacy and Data Protection
Businesses can learn from the Information Commissioner's Office's (ICO) data protection compliance lessons by paying attention to the office's Q1 2023 enforcement work. The ICO bemoaned the significance of comprehensive privacy disclosures, employee data handling training, prompt replies to data subject requests, and a focus on privacy by design and by default.
Researchers at the Massachusetts Institute of Technology (MIT) have created a new privacy metric known as "Probably Approximately Correct Privacy." In order to make a machine-learning system as exact as possible, a user "could potentially add the smallest amount of noise possible" using the PAC Privacy approach, "while still ensuring the sensitive data are protected." According to MIT News, the PAC framework aims to "automatically determine the minimal amount of noise that needs to be added" to a data collection.
Surveillance
Meredith Whittaker, head of the encrypted communication service Signal, has intensified her opposition of the planned Online Safety Bill. The government's proposed requirement for a unique back door to read encrypted conversations was dubbed "mathematically impossible" by Whittaker, who also threatened to leave the UK market if it were to become law. Here is more information from Fortune.
Open-court testimony and apologies
After defaming BBC presenter Jeremy Vine on Twitter, a man from Warwickshire has expressed regret and promised to donate £1,000 to a charity. On Twitter, Mr. Vine was incorrectly identified as the nameless BBC presenter who had given a kid hundreds of pounds in exchange for sexual images, contrary to what Andy Plumb had falsely alleged. As previously indicated, the presenter has since been identified as Huw Edwards; but, before Edwards was identified, several other broadcasters, including Mr. Vine, were defamed online. More details are available here at Warwickshire World.
Newly filed cases
Last week, there were no new instances added to the list for media and communications.
Last Week's Court Cases
Nicklin J. finished the preliminary issues trial in the matter of Harcombe v. Associated Newspapers on July 10 and 11, 2023. Reserved judgment was used.
The Court of Appeal heard an appeal regarding undertakings in the Smith v. Backhouse harassment case on July 11, 2023. You may watch the hearing on YouTube. The concerns before the Court are outlined in 5RB. Reserved judgment was used.
Hearing in the Gammon v. Riley case at the Haverfordwest District Registry took place on July 11, 2023.
Hearings in the cases of Kassai v. Tabarra and Food Hub Limited v. Unknown Persons Owning or Controlling the Youtube Account Titled "Fraudhub" took place on July 12, 2023.
A hearing was held in the harassment case of McGee v. Lewis on July 13, 2023, and judgment was reserved.
There was a hearing in the Ibrahim v. Kennedy case on July 14, 2023.
The Law of the Media in Other Countries
Australia
A day of legal argument that a judge in a federal court judged to be "farcical" resulted in the ABC changing its mind about dropping its public interest defense of a defamation suit brought by former commando Heston Russell. The ABC has reversed course after first giving up its public interest defense when asked to identify a confidential source two days prior. Here is further information from The Guardian.
After losing his war crimes defamation case in federal court, Ben Roberts-Smith filed an appeal. Here is further information from The Guardian.
Canada
Updates on Bill C-18 (Online News Act), which recently got royal assent and is anticipated to go into effect by the end of 2023, can be found on the Social Media Law Bulletin and the blogs of Michael Geist. By encouraging voluntary financial agreements between the platform and news publishers, the Act seeks to govern digital media platforms including social media sites and search engines. When news organizations' material is made available on the platform, these agreements would pay them. According to the proposed law, content is made available when it is copied or when a third party makes it easier to obtain it.
Europe
The European Commission finally made its long-awaited adequacy determination for the EU-US Data Privacy Framework (DPF) on July 10, 2023. The Privacy Shield Framework was replaced by the DPF in July 2020 after being declared invalid by the Schrems II ruling of the Court of Justice of the European Union. With immediate effect, the new adequacy ruling permits the transfer of personal data from the European Economic Area to US businesses who have obtained DPF certification. More details are available from Cross-Border Data Forum and DLA Piper. US President Biden expressed his appreciation for the adequacy determination in a statement, noting that it represents the US and EU's "joint commitment to strong data privacy protections and will increase economic opportunities for our countries and companies on both sides of the Atlantic."
Lebanon
Following a lawsuit filed by Gebran Bassil, the head of the Free Patriotic Movement party (FPM), a Lebanese court sentenced well-known journalist Dima Sadek to one year in prison on July 12, 2023. More details can be found in the Lebanese newspapers L'Orient Today and Middle East Eye.
Slovenia
According to Euractiv, Slovenia's government withdrew its proposed health care reform law in response to opposition over alleged data protection issues.
the United States
Andrew Tate, a contentious online personality, and his brother are suing a Florida woman for defamation after she allegedly falsely claimed they had imprisoned her in Romania, which led to their arrest on suspicion of human trafficking. More details are available in The Guardian and Rolling Stone.
Resources and Research
Aleksandra Kuczerawy, The DSA's Social Media Councils: A Route to Scalable Individual Error Correction? (2023) Matthias C. Kettemann, Josefa Francke, Christina Dinar, and Lena Hinrichs (eds.) Perspectives on Platform Power, Public Values, and the Potential of Social Media Councils: Research Report Europe, 2023. Verlag Hans-Bredow-Institute, Hamburg
Natalia Jevglevskaja and Ross P. Buckley, The Consumer Data Right, A World-Leading Sanitation System for Our Digital Economy (2023), UNSW Law Research Paper No. 23-6, Forthcoming (2023). Journal of Australian Business Law
Ganesh, Makam, O. P. Jindal Global University, Jindal Global Law School (JGLS), "Embracing Collective Ingenuity: Advocating for Public Domain Status of AI-Generated Intellectual Property" (2023)
GDPR Codes of Conduct and the Impact on Global Business: A Case Study of Amazon Web Services by Carl Vander Maelen (J2023) Law Courts Will Be Open
Next Week at Ghent University
Nicklin J., who is seated at the Port Talbot Justice Center, will hear the case of Corey Lee Styles v. South Wales Police on Monday, July 17, 2023.
Collins Rice J. will render decisions in the instances of McGee v. Lewis and Zia Chishti v. The Telegraph Media Group on the same day.
There will be a hearing in the Coopers Fire Limited v. Mcloughlin case on Tuesday, July 18, 2023.
The Zu Sayn-Wittgenstein-Sayn v. Juan Carlos case will be heard from Tuesday, July 18, to Friday, July 21, 2023.
The trial for the Ijaz v. Manan case will take place from Wednesday, July 19, through Thursday, July 27, 2023.
In the case of Vine v. Belfield, a statement will be made in open court on Thursday, July 20, 2023.
There will be a hearing in the matter of Iqbal v. Geo TV Limited on Friday, July 21, 2023.
Reserved Decisions
Associated Newspapers v. Harcombe, hearing July 3–7 and July 10–11 2023 (Nicklin J.)
On July 11, 2023, Smith v. Backhouse was heard (Asplin, Arnold, and Warby LJJ).
On June 27, 2023, Dyson v. Channel 4 was heard (Dingemans, Birss, and Warby LJJ).
Clarke v. Rose, heard by Steyn J. on June 19 and 20, 2023
Hearing held 14–15 June 2023 in YSL v. Surrey and Borders Partnership NHS Foundation Trust (Julian Knowles J)
Wright v. McCormack, 15 June 2023 (heard by Singh, Andrews, and Warby LJJ)
OVD v. LCG, heard 5-8 June 2023 (Collins Rice J. ), heard 25-26 May
Ghenavat v. Lyons, heard by HHJ Lewis from May 25 to 26, 2023
Associated Newspapers v. Various Claimants, hearing March 27–30, 2023 (Nicklin J.)
The case of Crosbie v. Ley was heard on March 21 and 22, 2023.
Associated Newspapers Limited v. Duke of Sussex, hearing March 17, 2023 (Nicklin J.)
Hearing in Aaronson v. Stones, Julian Knowles J., 12–15 December 2022
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