Eady on privacy: ‘I understand one or two people disagreed with the result of the Mosley trial’

Posted by Dominic Ponsford on 11 March 2010 at 12:45
Tags: Journalism, Law, National Newspapers

Leading judge Mr Justice Eady set out his views about the developing law of privacy in detail at a speech to mark the opening of a new Centre for Law, Justice and Journalism at City University last night.

His lengthy and detailed speech was in a nutshell hitting back at the suggestion that the UK privacy law has been made by judges (more specifically him) - insisting that all he, and other judges, have done is interpret the European Convention on Human Rights as incorporated into UK law by the Human Rights Act.

He also said that it was futile to draw generalisations from individual cases because privacy is such a difficult thing to pin down that each case must be judged on its own merits. (more…)

Daily Mail correction over Facebook paedophiles mix-up

Posted by Dominic Ponsford on 11 March 2010 at 12:30
Tags: Law, New Media, Online

The Daily Mail today published a correction on page four after wrongly stating in a feature that a user of Facebook posing as a 14-year-old girl was quickly targeted by sexually motivated messages.

The Mail says: “In fact he had used a different social networking site.”

More in detail on this from technology experts Charles Arthur at The Guardian and Rory Cellan Jones at the BBC.

Facebook photo lift costs Wales on Sunday £260

Posted by Dominic Ponsford on 11 March 2010 at 08:56
Tags: Law, National Newspapers, Newspapers, Photography, Regional Newspapers

Press shows caution on covert recording of England football squad

Posted by Dominic Ponsford on 9 March 2010 at 11:22
Tags: Law, National Newspapers

Newspapers appear to have heeded a warning not to publish the transcript of a secret recording made of members of the England football team as they prepared for last week’s international against Egypt.

According to The Times the recording was made by a member of the public and includes private discussions between the England football manager and his squad.

FA solicitors Charles Russell warned editors yesterday in a letter that publication of the recording would breach the Data Protection Act and the Editors’ Code, the Times reports.

It would also be a blatant breach of privacy, unless there it could be shown there was a major public interest defence. This would have to involve the exposure of serious wrongdoing.

According to the Daily Mail the recording is six hours long and includes players joking about sex scandals.

Apparently the recording was made at the team hotel, the upmarket Grove spa hotel in Hertfordshire.

The caution which is apparently being shown with regard to this recording is an example of the seriousness with which UK national newspapers currently take privacy matters.

IFJ: Time has come for PCC to demonstrate the value of journalism

Posted by Dominic Ponsford on 2 March 2010 at 08:20
Tags: Law, National Newspapers, Newspapers

The International Federation of Journalists has issued its own report into the Press Complaints Commission and new allegations about phone-hacking at the News of the World made by The Guardian.

The report by someone called Jean-Paul Marthoz, appears to be little more than a rounding-up for the story so far with some commentary and criticism thrown in.

The Belgian journalist and writer concludes: “The time has come for partisans of self-regulation to demonstrate the value of journalism as a public good…media’s real commitment to the highest ethical standards in a profession that is a key pillar of a vibrant and principled democracy.”

Independent issues correction over front page Trafigura ‘Toxic shame’ story

Posted by Dominic Ponsford on 22 February 2010 at 09:45
Tags: Law, National Newspapers, Newspapers

The Independent has issued a correction over a front page story from 17 September 2009 about oil company Trafigura headed “Toxic shame”.

The Independent’s clarification today says: “The article stated that claimants had been maimed and wrongly suggested that, due to the settlement, claims of more serious injuries including miscarriages would not be tested in the High Court case.

“It was about the legal settlement of claims by people who had been injured when waste from a Trafigura chartered ship was dumped by a contractor in Ivory Coast.

“In fact such claims had already been withdrawn earlier last year. A joint statement issued by both parties in that case said that independent experts have been ‘unable to identify a link between exposure to the chemicals… and deaths, miscarriages, still births, birth defects … or other serious and chronic injuries’.

The Independent story came a month before the row between The Guardian and Trafigura over a super-injunction which banned it from reporting the findings of the Minton report into the toxic waste incident.

Jailing should spell end to libel actions of litigious Dizaei

Posted by Dominic Ponsford on 9 February 2010 at 08:52
Tags: Law, National Newspapers

Lawyers at the Daily Mail will heave a sigh of relief that corrupt policeman Ali Dizaei has been jailed for four years after trying to frame an innocent man following a fracas in a Kensington restaurant.

He was found guilty of misconduct in a public office and perverting the course of justice after a row over £600.

His imprisonment should bring to a close any outstanding lbel actions brought by the litigious  Met Police commander.

In October, Dizaei sued the Daily Mail for libel over a story headlined: “Dizaei and the crooked lawyer” which alleged, according to a writ, that Dizaei betrayed his employers by secretly selling his services as a consultant to defence solicitors, advising them on how to undermine charges brought by the police.

Dizaei was seeking unlimited damages over the story. But following his jailing yesterday it is highly likely that he has no reputation left to defend.

In December the News of the World apologised and paid libel damages to Dizaei over a story in which the paper claimed he dishonestly employed an illegal immigrant.

In September 2009, the Mail and the Evening Standard paid substantial damages to Dizaei over stories claiming he was a bigamist.

Clifford wins release of NoW private eye documents

Posted by Dominic Ponsford on 4 February 2010 at 12:48
Tags: Law, National Newspapers, Newspapers

Publicist Max Clifford has won a High Court ruling which will give him access to documents held by the Information Commissioner about the News of the World, The Guardian reports.

The News of the World was seeking to stop Clifford obtaining documents relating to Operation Motorman.

Clifford was one of those bugged by jailed former News of the World reporter Clive Goodman and private investigator Glenn Mulcaire in 2007.

In 2002 the Information Commissioner carried out Operation Motorman, which revealed that 305 journalists representing nearly every national newspaper had been involved in buying information from private investigator Steve Whittamore, much of which may have been illegally obtained by Whittamore.

In 2006, the Information Commissioner revealed that the NoW was one of the most prolific users of this private invesgator - with 19 journalists buying 182 pieces of information from him.

Now Clifford has apparently won the right see the paperwork which was seized by the Information Commissioner in the Whittamore case.

It will be interesting to see whether the Information Commissioner makes all the Motorman documents public.

It is not know how much of the data purchased from Whittamore by the NoW and others was in breach of data protection or other laws and how much was lawful. Even in the case of unlawful information, journalists would have a defence if they could show they were acting in the public interest - ie. to detect or prevent crime.

Mobile phone companies reveal Goodman and Mulcaire bugged more than 100 phones

Posted by Dominic Ponsford on 2 February 2010 at 10:04
Tags: Law, National Newspapers, Newspapers

More revelations from The Guardian’s Nick Davies today in his ongoing investigation into phone hacking at the News of the World.

The Guardian has now published several hundred stories on this matter since it first made new revelations around phone-hacking at the News of the World in July.

It is the Guardian’s contention that phone-hacking was more widespread than just involving former royal editor Clive Goodman and NoW private investigator Glenn Mulcaire, both of whom were jailed in  in 2007 for listening to the mobile phone messages of public figures.

Now Davies has revealed that three mobile phone companies have told The Guardian that more than 100 customers had their voicemails hacked by Goodman and Mulcaire.

The Guardian has used a Freedom of Information request to persuade the Met Police to reveal that Goodman and Mulcaire had the pin codes, used to access mobile voicemails, of 91 people.

Eight mobile phone hacking victims were named at the trial of Goodman and Mulcaire - a sample which was picked to stop the trial becoming unmanageable.

News International chief executive Rebekah Brooks will not now give evidence before the House of Commons culture committee’s investigation into press standards, privacy and libel - The Guardian also reports.

The committee has already grilled former News International boss Les Hinton, former editor Colin Myler, head of legal Tom Crone and former managing editor Stuart Kuttner about the phone-hacking affair.

It is expected to issue its report in the near future.

Telegraph apologises to newsreader Steve Scott over racism claims

Posted by Dominic Ponsford on 1 February 2010 at 09:51
Tags: Law, Newspapers, People

The Daily Telegraph today apologised to ITV newsreader Steve Scott over an article from November headlined: “Newsreader seeks £5m in racism row”.

In it the Telegraph repeated allegations made by former newsread Lisa Aziz, “including an allegation that Mr Scott had made a racially discriminatory remarks about some of his colleagues”, the Telegraph said.

In an a page nine apology, the Telegraph said today: ” For the avoidance of doubt, we wish to make clear that we did not in any way seek to adopt or endorse any of the claims made against ITV or the allegations made against Mr Scott in particular.

“As referred to in our article, following an internal investigation by ITV - which it described as ‘full and thorough’ - Mr Scott was cleared of the allegations made against him. We apologise to Mr Scott for any distress caused by any contrary impression our article may have given.”

The Daily Telegraph has removed the original story from its website.

Celeb sues for libel over crossword clue

Posted by Dominic Ponsford on 25 January 2010 at 10:27
Tags: Law, National Newspapers

Liverpool Echo overturns gagging order preventing it naming teenage murderer

Posted by Press Gazette on 21 January 2010 at 10:36
Tags: Law, Newspapers, Regional Newspapers, press freedom

The Liverpool Echo has overturned a court order banning it from naming a teenage murder.

Echo court reporter Chloe Griffiths informally approached the prosecution to request they ask the judge to lift the order which prevented the Trinity Mirror title from identifying 17-year-old, the Newspaper Society said.

Griffiths said: “It was essential that the defendants in this case be named. The judge realised straight away that there was a massive public interest in the case and that people had a right to know who they were.”

NoW resists Max Clifford bid to see Info Chief documents

Posted by Dominic Ponsford on 18 January 2010 at 11:14
Tags: Law, National Newspapers, Newspapers

Publicist Max Clifford is on his way to the High Court to force the Information Commissioner to release documents about possibly illegal newsgathering methods employed by the News of the World.

Clifford was one of those bugged by jailed former News of the World reporter Clive Goodman and private investigator Glenn Mulcaire in 2007.

In 2002 the Information Commissioner carried out Operation Motorman, which revealed that 305 journalists representing nearly every national newspaper had been involved in buying information from private investigator Steve Whittamore, much of which may have been illegally obtained by Whittamore.

In 2006, the Information Commissioner revealed that the NoW was one of the most prolific users of this private invesgator - with 19 journalists buying 182 pieces of information from him.

Now Clifford is seeking to obtain the paperwork which was seized by the Information Commissioner in the Whittamore case - and which as yet to be released, the Guardian reports. It says that the NoW is opposing the release of the documents and that the case has been adjourned until next month.

The NoW said in a statement: “This legal issue is coming up for hearing shortly. We are therefore unwilling to comment in any detail, other than to say that the relevant report from the Information Commissioner was published in 2006 and it referred to matters arising in 2002 – 2003.

“Incidentally, it also revealed that The Guardian’s sister newspaper, The Observer, was accused of the very same ‘illegal methods’ - as were most national and many local newspapers.

“For the record, the Information Commissioner’s report has nothing to do with voicemail accessing.”

Nick Clegg joins calls for reform of UK libel law

Posted by Dominic Ponsford on 18 January 2010 at 09:15
Tags: Journalism, Law

There appears to be a growing political consensus that Britain’s libel laws are too waited in favour of rich claimants and money-grubbing lawyers.

Today Lib Dem leader Nick Clegg is set to use a speech to the Royal Society to call for libel laws to be reformed, The Independent reports.

“Libel tourism is making a mockery of British justice,” Clegg will say.

“I am deeply concerned about the stifling effect English libel laws are having on scientific debate,” adds Clegg. “Scientists must be allowed to question claims fearlessly – especially those that relate to medical care, environmental damage and public safety – if we are to protect ourselves against poor research, phoney treatments and vested corporate interests.”

In December a new campaign was launched seeking reform of the UK’s libel laws. The Libel Reform Campaign has attracted a host of high-profile backers.

Late last year Justice Secretary Jack Straw promised a wholesale reform of the laws of libel.

Middleton sues Rex Features for privacy over Christmas pic

Posted by Dominic Ponsford on 13 January 2010 at 18:07
Tags: Agencies, Law

Kate Middleton is suing a German magazine for publishing a picture of her taken on Christmas day.

The Guardian reports that Middleton is suing Rex Features over a picture of her taken playing tennis tennis at Restormel Manor, Cornwall, which was not published in the UK.

In December the Queen warned editors against taking pictures of her family over the Christmas period, reminding them of the privacy clause in the Editors’ Code.

Newspaper “story link tax” referred to copyright tribunal

Posted by Emma Day on 18 December 2009 at 12:30
Tags: Advertising, Journalism, Journalism Technology, Law, New Media, Newspapers, Online

The news clipping service Meltwater has referred the Newspaper Licensing Agency to the UK’s Copyright Tribunal over its proposed “story link tax”, Paid Content reports.

It is a move that would force online news clippings agencies to pay for providing links to newspaper stories from 1 January.

The NLA claims the move will regulate companies that profit from selling links, stating: “This is not about links: it is about profiting from someone else’s intellectual property without paying your fair share of the cost.”

Norway-based Meltwater Group CEO Jorn Lysegge says “This fee is not only unjust and unreasonable, it is contrary to the very spirit of the internet.”

In a statement on the Meltwater website Francis Ingham, director general of the Public Relations Consultants Association, said: “This is an absurd tax which we believe has no legal justification. We are delighted Meltwater is taking a stand against the NLA and will examine whether we can intervene to strengthen their case in the interest of our members. It is ludicrous for organisations to need a licence to receive links to coverage that is freely available to view online.”

The UK Copyright Tribunal has not yet announced if they will call a hearing.

‘I’m a photographer not a terrorist’ badge leaves police unconvinced

Posted by Dominic Ponsford on 9 December 2009 at 09:01
Tags: Law, Photography

Days after ACPO warned police forces around the country not that they had no powers to stop photographers taking photos under terror legislation - a photographer wearing a badge which said ‘I am not a terrorist’ was stopped and searched.

Architectural photographer Grant Smith was stopped and searched by seven police officers citing powers under the Terrorism Act after being reported to police by a security guard in central London.

Two police cars and riot van attended the scene after Grant Smith, 53, was questioned outside Christ Church in Newgate.

He told the Independent: “They asked me what I was doing and I told them it was pretty obvious; I had a prrofessional camera and a tripod and was wearing a badge which said: ‘I’m a photographer, not a terrorist’.”

Daily Mail apologises to Jacqui Smith over expenses story

Posted by Dominic Ponsford on 8 December 2009 at 08:44
Tags: Law, National Newspapers, Newspapers

There was a time when getting an apology out of the Daily Mail was like extracting a raise out of a Johnston Press managing director - but libel has become an expensive business and these are straitened times.

Today the Mail issued this apology to former home secretary Jacqui Smith:

“Following a story on Channel 4 News alleging Jacqui Smith was challenging Sir Thomas Legg’s request for repayment of £1,500 expenses, we ran a story saying she was haggling over £500.

“We accept that this was incorrect and that she has repaid all the sum asked except £39.99 for a barbecue she had never claimed for.

“We are sorry we got this wrong and are happy to clarify the facts.”

New guidance says police have no power to stop photographers

Posted by Press Gazette on 7 December 2009 at 14:37
Tags: Law, Photography

Welcome news from the Association of Chief Police Officers which has told its members to stop harassing photographers.

Writing in the Independent today chief constable Andy Trotter, chairman of Acpo’s media advisory group, said: “Everyone… has a right to take photographs and film in public places. Taking photographs… is not normally cause for suspicion and there are no powers prohibiting the taking of photographs, film or digital images in a public place.”

Acpo has sent this advice to all its members. It follows concerns that police have been using anti-terror powers as an excuse to stop photographers taking photographs in public places.

UPDATE 12:10: Second female newsreader’s legal bid against ITV

Posted by Press Gazette on 3 December 2009 at 11:01
Tags: Broadcast, Law, People, Television

UPDATE: An ITV spokesman says the claim for unfair dismissal (see below) was withdrawn yesterday lunchtime…

ITV regional news presenter Jemma Woodman is suing the broadcaster for unfair dismissal after being passed over for a presenting job in favour of Lisa Aziz - who has launched her own £5 million case against the broadcaster. (more…)