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Donald and Melania Trump in the Libel Courts, As He Vows to Strengthen US Laws N Donald Trump Has Succeeded in So Radicalised That the Police Were Afraid

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Donald and Melania Trump in the Libel Courts, As He Vows to Strengthen US Laws N Donald Trump Has Succeeded in So Radicalised That the Police Were Afraid zoom-inMedia law news from Abbas Media Law WinterMay 2016 2016 Celebrity Big Brother Entertainment Prince Harry - Biggins’s bisexual supremo Steven steps in to protect comments were not D Wright talks to new girlfriend offensive 11 zoom-in 15 Meghan Markle 28 Donald and Melania Trump in the libel courts, as he vows to strengthen US laws n Donald Trump has succeeded in so radicalised that the police were afraid. Melania Trump has begun defamation having a defamation claim against him This was said to reflect on Muslims proceedings against the Daily Mail in struck out by the High Court in London. in a particular area of Forest Gate. both London and Maryland, US. The Muslim politician Kamran Malik and the Unsurprisingly, the comments were article in question referred to her ‘very Communities United Party were seeking found by the Court not to be capable of racy past’, and included the reporting damages over a number of comments, being the subject of a defamation claim. of allegations that Mrs Trump’s former including one that areas of London were At the same time, it is reported that continued on page 32 IN THIS ISSUE COVER 20 QUESTIONS COPYRIGHT & IMAGE Donald Trump threatens to tighten up US Legendary entertainment RIGHTS libel laws against the media but will he be producer Steven D Wright The latest on copyright able to? ........................... 1 (cont on p32) on blinkered commissioners, infringement in music, film his biggest regret – and the and online… dangers of bread ...................15 WINNERS & LOSERS Ed Sheeran hits back against We report on recent high-profile legal Amazing copyright claim .............24 winners and losers… BUSINESS AFFAIRS AND RIGHTS Lucasfilm not amused by Lightsaber Academy ...........................................24 Pippa Middleton obtains injunction to stop Abbas Media Law’s production legal 3 publication of hacked photos ................. schedule, setting out the five key stages Warner Bros accidentally tries to take ‘Fake Sheikh’ imprisoned ...................... 4 of TV production and the legal issues down its own website ..........................24 Celebrity threesome – News Group pays producers must consider. In this issue we Playboy case reveals problems with linking up ...................................................... 4 focus on access agreements, title to potentially copyrighted material... 24-25 searches and opinions .....................16-18 HMRC off-record briefing was breach of confidence .......................................... 4 PRIVACY & DATA PROTECTION Hulk Hogan sex tape case finally ends with MEDIA HAUNTS zoom-in rounds up the latest decisions, ‘hard peace’ ........................................ 6 Have you tried the new, improved L’Escargot including… yet? We’re loving the discreet upstairs Kanye West successfully defends Playboy model charged over nude gym members’ club as much as the classy Made in America plagiarism suit .............. 7 photo of 70-year-old ...........................26 French restaurant ............................... 19 Injunction highlights issues around police REGULATION – OFCOM, investigations and privacy ....................26 DEFAMATION ASA & IPSO Actors can now have their ages removed New regulatory decisions of interest… News and analysis of significant recent from IMDb .........................................26 defamation decisions… Dangerous MTV ad banned .................... 8 Prince Harry slams media over treatment of Imam loses libel case against BBC ..........20 Jeremy Kyle ‘raw sex’ Meghan Markle ............................ 28-29 inappropriate for JonBenet Ramsey’s brother to sue CBS over Easter Sunday .................... 8 claims he is most likely CONTEMPT AND Boy identifiable in gang killer .......................20 REPORTING violence news report RESTRICTIONS Kim Kardashian West was not treated unfairly ....8-9 drops lawsuit after Paris Including two cases in the TV Burp repeat in breach, robbery faking claims aftermath of Adam Johnson’s despite original broadcast retracted ................. 21 conviction… being cleared 9 .................... Telegraph receives fine for failing to Rebel Wilson sued No expectation of privacy on swingers’ protect victim’s identity ...........30 for tweeting the wrong club website ...................................... 10 journalist .................22 Man jailed for naming Johnson’s Biggins on bisexuality was not offensive ...11 victim online ....................30-31 Kelly Osbourne settles claim brought by Is ‘tits’ worse than ‘bugger’? Ofcom ranks Ozzy’s mistress ...................................23 Local editor fined for naming 17-year-old TV’s most offensive swear words .......12-13 boat crash skipper .............................. 31 zoom-in Abbas Media Law Editor Nigel Abbas zoom-in is written by the Abbas Media Law team. Deputy Editor Clare Hoban We are a niche law firm advising on all aspects of Contributing Editors Felicity UK law and regulation affecting the television, film, McMahon advertising and publishing industries. Paul Hunwick Founded by Nigel Abbas, we work closely with Picture Editor Karen Harper broadcasters, independent production companies of Sub-editor Jack Seale all sizes, and other content producers. Art Director Tim Parker Abbas Media Law is experienced in advising both before publication or broadcast, working with crea- tives to minimise their legal and regulatory risk, as Contact NIGEL ABBAS ABBAS Media Law well as following publication or broadcast, defending 1st Floor, 239 Kensington High content when it – and its producers – come under attack. Street, London W8 6SN With particular expertise in television and film, we have advised on thou- D: +44 207 316 3046 sands of hours of television over the past two decades, across all genres. M: +44 7831 311 080 zoom-in editor Nigel Abbas is also the primary author of Channel 4’s E: [email protected] Producers Handbook. www.abbasmedialaw.com Subscribe to zoom-in Subscribe to zoom-in at abbasmedialaw.com for essential media www.abbasmedialaw.com law and compliance news, analysis and updates. 2 | zoom-in Winter 2016 WINNERS & LOSERS Pippa Middleton obtains injunction over hacked iCloud photos n In September, Pippa Middleton and her fiancé include photographs of Middleton’s nephew and niece, James Matthews succeeded in obtaining an injunction Prince George and Princess Charlotte. A 35-year-old to prevent the sale or publication of photographs man, Nathan Wyatt, was arrested on suspicion of an and other information from her hacked iCloud offence under the Computer Misuse Act over the hack, account. Middleton found out that photos from the and he was represented at the injunction hearing. account were being offered for sale by an unknown Middleton’s barrister told the court the hack had caused person via WhatsApp when she was informed by the her ‘considerable distress’. Hacking an iCloud account Sun newspaper. The photographs had also been offered and offering private photographs for sale is unlawful, to the Daily Mail. The hacked photographs are said to including as a misuse of private information. zoom-in Autumn 2016 | 3 WINNERS & LOSERS Our quarterly round-up of high-profile legal winners and losers CRIME: ‘Fake Sheikh’ he commits a further offence). Sunday on the basis that publica- The Judge said that Mr Smith tion of this information would be a imprisoned had in part been motivated by misuse of private information and a misguided loyalty. breach of confidence. n Mazher Mahmood, known as the Following the sen- A final order has now been ‘Fake Sheikh’, has been convicted of tence, News UK an- made in the High Court that conspiracy to pervert the course of nounced that Mahmood News Group Newspapers pay justice and sentenced to 15 months had been sacked. It has a specific sum in damages in prison. Mahmood carried out un- also been reported that in full and final settlement dercover investigations for newspapers a number of individu- of PJS’s claim for damages including the now defunct News of the als will bring civil and costs. The exact figure World for over 20 years. claims against News has been kept confidential His stings included that of Pa- UK in the light of but is likely to be substan- kistani cricket players Salman Butt Mahmood’s convic- tial. News Group Newspa- and Mohammed Asif, who were later tion. News UK has pers also agreed it would not found guilty of conspiracy to cheat said it will vigorously publish any information which and conspiracy to accept corrupt defend such claims. could identify PJS, including payments in relation to ‘spot-fix- Undercover investi- identifying his partner or three ing’. They deliberately bowled no- gations form the basis of other individuals. balls at a Lord’s Test Match. Other many press stories and tel- targets included Sophie, Countess evision programmes, and can of Wessex, Sven-Göran Eriksson be a very effective way of CONFIDENCE: and Richard Bacon. Mr gathering evidence Mahmood has claimed when done Ingenious Media wins his stings resulted in properly. case against HMRC over 100 criminal Generally, over ‘off the record’ convictions. The sentencing the use of sub- briefing The case terfuge in jour- against Mahmood judge said: ‘You nalism must be n Ingenious Media and its founder was brought fol- wanted another justified by the Patrick McKenna, who is also Chair- lowing the col- public interest. man of Hat Trick Productions, have lapse of N-Dubz scalp.’ It goes without won a case against HMRC in the Su- singer Tulisa Con- saying that jour- preme Court. The
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