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Zoom-In Issue 12 Media law news from Abbas Media Law zoom-inWinter 2018 THE RETURN OF ANNABEL’S ASHLEY JUDD PURSUES WEINSTEIN CLAIM ELTON WINS SACHA BARON OVER COHEN DOG SUED LIBEL GO ON, GWEN STEFANI WINS COPYRIGHT CASE BEFORE TRIAL EXCLUSIVE INTERVIEW: REALITY TV SUPERSTAR JUDGE RINDER IN THIS ISSUE Geoffrey Rush gives evidence .........14 20 QUESTIONS Labour chief whip settles libel claim .14 Rob Rinder on how he brought his legal skills to TV ............................ 22 Mirror fails to strike out claim ..........15 Public interest defence wins on appeal .15 BUSINESS AFFAIRS & RIGHTS Abbas Media Law’s production legal schedule, setting out the five key stages of TV production and the legal issues producers must consider. In this issue, we focus on ‘fixer’ agreements ....... 16 COPYRIGHT & IP RIGHTS Rod Stewart sued over photo of WINNERS & LOSERS himself .........................................18 No trial for Stefani and Williams ........ 4 EU approves controversial directive .18 MEDIA HAUNTS Rebel Wilson damages appeal fails ... 4 It used to be THE place in London – is Netflix facing claim over Easy .........19 fabulous nightclub Annabel’s now back Payout for Elton John ...................... 4 New trial in Stairway to Heaven case ..20 on top? ...................................... 24 Property developer gets libel payout ... 6 Tracy Chapman sues Nicki Minaj ..... 20 Setback for Kendrick Lamar in video PRIVACY & DATA PROTECTION REGULATION – OFCOM, battle ..........................................21 Morrisons liable for data breach ..... 26 ASA & IPSO Good Morning Britain story was Sabrina settles with Satanists ..........21 Philip Green named in Parliament .. 27 unfair ............................................ 8 Facebook fined by ICO ................ 28 Eamonn and Ruth rapped ................ 9 Car repair employee jailed ............ 28 Dispatches secret filming cleared .....10 Fly-tipping video breached privacy 28 Iceland Christmas ad banned .........10 CONTEMPT & REPORTING DEFAMATION RESTRICTIONS Sacha Baron Cohen sued ...............12 Murder scene teen can be named... 30 Harvey Weinstein faces Ashley Judd Ant McPartlin named in divorce fight . 30 claim ...........................................12 Huddersfield grooming convictions De Havilland goes to Supreme Court 13 reported ......................................31 zoom-in Abbas Media Law Editor Nigel Abbas Deputy Editor Clare Hoban zoom-in is written by the Abbas Media Law team. Features Editor Paul Hunwick We are a niche law firm advising on all aspects of Contributing Felicity UK law and regulation affecting the television, film, Editors McMahon advertising and publishing industries. Jenny Spearing Founded by Nigel Abbas, we work closely with Gervase de Wilde broadcasters, independent production companies of Paul Schaefer all sizes, and other content producers. Editorial Assistant Lucy Chisholm Batten Abbas Media Law is experienced in advising Sub-editor Jack Seale both before publication or broadcast, working with Art Director Tim Parker creatives to minimise their legal and regulatory risk, as Contact NIGEL ABBAS well as following publication or broadcast, defending ABBAS Media Law content when it – and its producers – come under attack. 1st Floor, 239 Kensington High Street, With particular expertise in television and film, we have advised on thou- London W8 6SN 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 2018 WINNERS & LOSERS THE SINGER GWEN STEFANI HAS, ALONG WITH PHARRELL WILLIAMS, Shutterstock.com HAD A COPYRIGHT CLAIM AGAINST HER DISMISSED BEFORE IT REACHED TRIAL. SEE P4 JStone / zoom-in Winter 2018 | 3 WINNERS & LOSERS Our quarterly round-up of high-profile legal winners and losers (US) Court throws out The decision to dismiss the case particular defamatory publications. claim against Stefani for lack of similar elements high- Wilson’s application to further lights that carefully considered appeal to the High Court (Australia’s and Williams expert evidence still has a role to play highest court) was rejected on n A copyright case brought against in this type of disputes. the ground that it had insufficient Gwen Stefani and Pharrell Williams prospects of success. Bauer Media over their 2014 song Spark the Fire welcomed the end of the litigation. has been disposed of in their favour (AUS) Rebel Wilson fails to Wilson said: ‘For me it was by way of summary judgment, and restore highest ever libel never about the money, it was will not go to trial. The claim had about standing up to a bully and been brought by the No Doubt damages I’ve done that.’ singer’s former hairdresser Richard n Rebel Wilson’s long-running Morrill, who claimed that the chorus libel case against Bauer Media has of the song was taken from his 1996 reached an end, after Australia’s Payout for Elton John over song Who’s Got My Lightah. highest court refused her permission dog attack story Morrill said he had played his song to appeal against a decision reducing for Stefani while colouring her hair in her damages from A$4.5m (£2.6m) n Sir Elton John and David Furnish the 1990s, and that the refrain to A$600,000 (£344,000). The have settled a libel claim against The in his work – ‘Who’s got initial high award had Sun on Sunday after the newspaper my lightah? Who The judge prompted debate over alleged their dog inflicted ‘Freddy got the fire?’ – whether it would Krueger-like injuries’ on a child at became Stefani found that stifle publica play date. and Williams’s the distinctive interest jour- The story, which reported a ‘Who got the nalism. mother’s claim that her child had lighter? Let’s pronunciation of the As reported been scratched by Sir Elton’s cocker spark the fire’. words ‘light-ah’ and previously spaniel, was published on the front He pointed to in zoom-in, page of the newspaper in February. It shared rhythmic “fi-ah’ was not enough Wilson won the added that Sir Elton and Furnish had patterns and to demonstrate libel case over a failed to make any attempt to find melodies as the series of articles out how the young girl was following basis for his claim. similarity alleging that she had the incident, despite being aware of The judge, when lied about her name, what happened. dismissing Morrill’s claim, age and childhood in order to Following settlement, the couple’s found that the works weren’t objec- make it in Hollywood. The original lawyer read out a statement in open tively substantially similar. award was based on the finding that court, which provides a mechanism for The judge found that the she had lost out on film roles libel claimants to publicise their distinctive pronunciation of the because of the articles, vindication, and attempt words ‘light-ah’ and “fi-ah’ was not but the appeal court The to repair damage to enough to demonstrate similarity, slashed the figure, their reputation. relying on expert evidence that finding that she decision ‘This allega- pronouncing words that end in an had not proved underlines the tion is false,’ the ‘er’ with an ‘ah’ sound is a common a link between difficulty of proving lawyer said. ‘The practice in African-American the libellous truth is that the vernacular English, as is deleting articles and economic loss has injuries were verbs, for example turning ‘who’s the loss of resulted from particular not serious, and got’ into ‘who got’. She also said the film roles. the claimants, that a common rhyme scheme or This underlines defamatory far from ignoring structure is not enough to qualify as the difficulty of publications the incident, made original expression protectable under proving economic several inquiries copyright law. loss has resulted from about the girl’s welfare 4 | zoom-in Winter 2018 Shutterstock.com THE ACTOR REBEL WILSON HAS BEEN REFUSED PERMISSION TO APPEAL A REDUCTION IN THE LIBEL DAMAGES SHE RECEIVED FROM AN AUSTRALIAN MAGAZINE. SEE OPPOSITE Krista Kennell / Krista Kennell zoom-in Winter 2018 | 5 WINNERS & LOSERS to her father and nanny. Each time it was confirmed the girl was fine.’ The couple’s lawyer told the judge that the story also appeared on the Sun’s website and was republished by other media outlets including MailOnline, Metro, the Mirror and the Evening Standard. The statement added: ‘I am pleased to say that the newspaper has now accepted unequivocally that this allegation was false and seriously defamatory. As a result, it has agreed now to apologise to Sir Elton John and David Furnish, and to pay signifi- cant damages as well as to reimburse their legal costs.’ The newspaper’s lawyer said: ‘The defendant offers its apology to the claimants, and is pleased that the matter has been amicably resolved.’ Sir Elton has consistently taken action against defamatory media coverage over the years, and his appe- tite for such litigation seems to be undiminished. Developer awarded £35,000 over attempted- fraud allegation n Property developer Stephen Doyle has been awarded £35,000 damages over allegations that he attempted to defraud members of a rugby club, that he had been arrested for blackmail and sending malicious and menacing communications, and that it was reasonable to suspect he was guilty of those offences. The allegations were made in arti- cles published on the Caddington Village News blog run by Patrick Smith, a local councillor. Mr Doyle’s company owned land adjacent to the club’s ground, and wanted to buy more from the club for development. The purchase scheme Shutterstock.com he proposed would have required the club to vacate its existing premises until new facilities were completed / Tinseltown at a new site.
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