The end of the kiss and tell story? – PJS v News Group Newspapers Ltd [2016] UKSC 26

The case of PJS concerned an application for an interlocutory injunction. PJS was well known in the entertainment business and married to YMA, who was similarly well known. They had young children. In 2007 or 2008 PJS met AB and had occasional sexual encounters with them despite AB having a partner, CD. In December 2011 PJS had a three-way sexual encounter with AB and CD following which the sexual relationship with PJS and AB came to an end. Continue reading

Copyright

Copyright under English law is primarily established under the Copyright Designs and Patents Act 1988. Copyright can extend to protect videos and images taken by you on your devices.

In such circumstances, these videos and images are protected 70 years from the end of the life of the taker. This can function to protect photographs and videos that you have taken from use by third parties. By enforcing your copyright ownership you can control who has the right to use and edit the images and/or footage in question. This is usually in the form of a cease and desist letter notifying the third party of your ownership of the material whilst asking that they stop usage as soon as possible.

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Press complaints

The Independent Press Standards Organisation (“IPSO”) has its own Editors’ Code of Practice applicable to signatory newspapers. This currently includes most commercial papers.

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The ISPO Code contains a framework for professional standards within the press and is the cornerstone of the voluntary-self regulatory regime entered into by publishers. Editors and publishers are responsible to adherence with the Code and complaints can be made to IPSO should any violations be made. Continue reading

The right to be forgotten does not apply to search engine results globally

On 24 September 2019 the European Court of Justice (“ECJ”) handed down judgment in the case of Google v CNIL C-507/17. The effect of the case was that right to be forgotten requests only need be applied to domain names of Member States and not extra-territorially globally. The case, therefore, has implications for the processing and effectiveness of the right to be forgotten requests, particularly for requestors who seek de-listing of search results from multiple non-EU jurisdictions. Notably, the administrative burden upon search engine operators has been limited by the ruling.light smartphone macbook mockup Continue reading

Ben Stokes and Gareth Thomas in the press – Protecting privacy in the spotlight

Many will have heard of the Sun’s recent egregious intrusion into the private and family life of cricketer Ben Stokes. The offending article by the Sun delves into the family life of the famous cricketer in a manner which could be seen to breach the privacy rights of Stokes and his family.

The incident has placed the conduct of English journalists, particularly the Sun, under the spotlight. INFORRM has an excellent post on the issue.

Stokes statement on the article, released on Twitter, can be found here.

Many will also be aware of the exposing of rugby player Gareth Thomas’ HIV status following black mail attempts. This move is highly invasive and could be considered a misuse of private information.

The Independent Press Standards Organisation has commented on the incidents. This notes how the Editor’s Code operates to protect individuals in such scenarios and condemns the sensationalist headlines of articles  intruding upon privacy rights.

Revisiting the right to be forgotten, the NT1 and NT2 case

The right to be forgotten or right to erasure under data protection legislation and enshrined from the Google Spain case allows significant protection of information regarding the individual. In this post, we consider the seminal case of NT1 and NT2 which is illustrative of this fact. Continue reading