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zoom-inMedia law news round-up from Abbas Media Law AutumnMay 2016 2016 Loose Women – ‘Edinburgh’ 2016 BBC Trust finds Ofcom rules on Advisory Chair Fiona jokes about Queen’s strong language Campbell talks to sex life intrusive and P6 zoom-in P11 derogatory P8 Brexit – a new landscape for media law? The ‘Edinburgh’ Edition n Welcome to this special Edinburgh edition of zoom-in - to coincide with the zoom-in Edinburgh International Television Festival - Abbas Media Law’s quarterly magazine for programme-makers, production managers, and others working in television and film pro- your essential duction. At a moment of some uncertainty following the Brexit vote, zoom-in brings you an essential round-up of legal and compliance news, recent interesting decisions media law by media regulators and the courts, particularly affecting indies and broadcasters, as well as comment and analysis. Be informed about the important legal and compliance round-up issues affecting your business: get a free subscription to zoom-in at abbasmedialaw. com and have the magazine and regular updates sent to you throughout the year. abbasmedialaw.com IN THIS ISSUE COVER Scientology leader wins IPSO complaint ..................... 9 COPYRIGHT & IMAGE RIGHTS Brexit – a new landscape for media law? In this issue, we report on a number of high profile ...........................................................................2 (cont. on p24) copyright infringement cases in the music industry 20 QUESTIONS including ‘Edinburgh’ 2016 Advisory WINNERS & LOSERS Appeal filed following Led Zeppelin’s Stairway to Chair Fiona Campbell tells Heaven win...........................................................................18 We report on some recent high profile legal winners zoom-in of her love for and losers including… C4’s Jon Snow and Gregg’s Ed Sheeran sued over song Photograph. .................18 sausage rolls ........................ 11 Defence Secretary Michael Fallon Justin Bieber facing claim over Sorry. .......................19 and George Galloway both pay libel damages ...................................................3 BUSINESS AFFAIRS & RIGHTS PRIVACY & DATA PROTECTION Gawker files for bankruptcy after Abbas Media Law’s production legal schedule – sets zoom-in looks at some recent privacy and data losing Hogan sex tape appeal ..........3 out the 5 key stages of television production and protection decisions including Footballer Danny Simpson’s libel the legal issues that producers need to consider. In Amazing Animals – no injunction .............................. 20 case – still all to play for ..................4 this issue we focus on Option Agreements and E&O insurance. .................................................................... 12-13 Playboy model Dani Mathers in trouble after body Social Media Winner: Taylor Swift. ..................................5 shaming Snapchat ........................................................... 20 DEFAMATION Journalist gets police harassment warning REGULATION – OFCOM & IPSO News and analysis of some recent interesting revoked. ................................................................................ 20 We round-up some recent regulatory decisions of defamation decisions including … Sex tape offered to Sun on Sunday of actress interest… Irish politician Phil Hogan gets defamation damages Kym Marsh ............................................................................21 Loose Women, ITV – Ofcom rules from both a TV channel and newspaper. ..................15 on Harvey Price’s use of the word “cunt” before watershed ................ 6 Leonardo DiCaprio to CONTEMPT & REPORTING testify in Wolf of Wall RESTRICTIONS Reporting Scotland, BBC Scotland; Street libel case .......16 A New Life in the Sun, Channel In this edition, we report on two recent interesting 4; and Nightmare Tenants, Slum New statutory s.4 contempt cases … Landlords, Channel 5 – three public interest defence succeeds .....................16 “Fuk the judge!” - Facebook posts Ofcom decisions on privacy .. 6 - 8 end in conviction .........................22 Actress Amber Heard Don’t Make Me Laugh – BBC Trust - jokes about the Two jurors found guilty of Queen’s sex life breached guidelines .......................... 8 sues comedian Doug Stanhope for contempt ..........................................22 Kelvin MacKenzie’s article criticising a C4 News defamation ................ 17 Cliff Richard in the clear. Singer reporter for wearing a hijab leads to IPSO says he’s suing and wants the law complaints.............................................................................. 9 changed ............................................23 Brexit – a new landscape media and entertainment laws, which Abbas Media Law for media law? in turn have shaped Ofcom’s and the other regulators’ codes of practice that zoom-in is written by our media industries have to comply the Abbas Media Law n If you didn’t already know, on 23 with. A change in the UK’s relation- team. We are a niche June this year, the UK voted to leave ship with the EU therefore has the po- law firm advising on all the European Union. Whilst newly tential to affect all of us working in the aspects of UK law and installed Prime Minister Theresa May media and entertainment industries in regulation affecting the has confirmed that “Brexit means a significant way. television, film, adver- Brexit” and the UK will be leaving, Take copyright and trademark tising and publishing exactly what will and will not change law for example, two areas of IP law industries. remains unclear. at the heart of the television, film Founded by Nigel It’s perhaps not always appreciated and music industries. Presently such Abbas, we work closely by non-lawyers that the UK’s mem- laws have to comply with EU direc- with broadcasters, bership of the EU has had a significant tives and regulations. However, their NIGEL ABBAS independent production impact on the development of many of continued effect in the UK following companies of all sizes, and other content producers. our laws, including most aspects of our continued on page 24 Abbas Media Law advises both before publi- cation / broadcast, working with creatives to mini- zoom-in Contact mise legal and regulatory risk, as well as following Editor Nigel Abbas ABBAS Media Law publication and broadcast, defending content when Deputy Editor Clare Hoban 1st Floor, 239 Kensington High it, and its producers, come under attack. Street, London W8 6SN With particular expertise in television and Contributing Editors Felicity McMahon D: +44 207 316 3046 Paul Hunwick film, we have advised on thousands of hours of tel- M: +44 7831 311 080 evision over the last two decades, across all genres. Picture Editor Karen Harper E: [email protected] Nigel Abbas is also the primary author of Art Director Tim Parker www.abbasmedialaw.com Channel 4’s Producers Handbook. Subscribe to zoom-in www.abbasmedialaw.com abbasmedialaw.com 2 | zoom-in Autumn 2016 WINNERS & LOSERS Our quarterly round-up of high-profile legal winners and losers DEFAMATION: Defence been used as a police agent. In a state- PRIVACY (US): Gawker files for ment made in open court Ms Ali-Khan’s Secretary pays damages lawyer stated that the allegations were bankruptcy after losing Hulk to Imam untrue. Mr Galloway, through his barris- Hogan sex tape appeal ter withdrew the allegations and apolo- n Defence Secretary Michael Fallon has gised. He accepted that the allegations n As reported in the last issue of zoom- apologised and paid libel damages to an made by him and by those for whom he in, a Florida jury awarded wrestler Hulk imam who he falsely accused of support- bore responsibility were defamatory. Mr Hogan a total of $140 million in dam- ing Islamic State in an interview on Ra- Galloway paid an agreed sum - said to be ages in an invasion of privacy case against dio 4. The Prime Minister also apologised in five figures - and Ms Ali-Khan’s costs. online news site Gawker which published to the imam, Suliman Gani, for having Both parties agreed not to make further a sex tape featuring Hulk Hogan on its made the same claim in the House of statements on the matter. website. The damages were made up of Commons. The Prime Minister could not $115 million for economic damage and be sued as MPs have immunity for what emotional distress and a further $25 mil- they say in Parliament, so-called “abso- DEFAMATION: Two MPs win lion in punitive damages. The video was lute privilege”. £40,000 each over claims they a secret recording of Hulk Hogan, whose David Cameron’s remark came dur- knew about Rotherham abuse real name is Terry Bollea, having sex with ing comments about then London May- and let it continue his friend’s wife. oral Candidate Sadiq Khan, who the In the last issue we reported that Prime Minister was criticising for having n Sir Kevin Barron and John Healey Gawker was appealing the verdict but shared a platform with Mr Gani. In a let- have won £40,000 each in damages from since then a Florida judge has upheld the ter to Mr Gani published on his website UKIP Councillor Caven Vines. The claim finding against Gawker, and the damages Michael Fallon said that he made the al- was over a live Sky News interview with award of $140 million, refusing to hold a legation having heard it previously on a Kay Burley in January 2015, in which Mr new trial. The judge also awarded a per- BBC programme, but was unaware that Vines claimed the MPs had known about manent injunction, preventing Gawker the BBC had subsequently apologised
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