Bbc Hit by Big Privacy Damages
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Media law news from Abbas Media Law zoom-inAutumn 2018 REBEL’S LIBEL PAYOUT SLASHED PUSSYCAT DOLLS SUE MAIL BLURRED LINES APPEAL REFUSED YOUR GUIDE TO PAVILION ROAD CLIFF WINS BBC HIT BY BIG PRIVACY DAMAGES EXCLUSIVE INTERVIEW: LESBIAN BOX OFFICE’S JACQUIE LAWRENCE IN THIS ISSUE DEFAMATION 20 QUESTIONS Pussycat Dolls sue over ‘prostitution’ Jacquie Lawrence of Lesbian Box Office claim ........................................... 12 on what gets her going ..................22 Johnny Depp acts on ‘wife-beater’ allegation ..................................... 12 Musk apologises for Twitter slur ....... 13 Supreme Court considering Cosby case ............................................ 14 Serious harm threshold cannot be met by cumulative allegations ............... 15 BUSINESS AFFAIRS & RIGHTS Abbas Media Law’s production legal schedule, setting out the five key stages WINNERS & LOSERS of TV production and the legal issues Appeals Court won’t revisit Blurred producers must consider. In this issue, Lines ..............................................4 we focus on contributor releases .......16 Daily Mail apologises to Earl Spencer .4 MEDIA HAUNTS COPYRIGHT & IP RIGHTS Rebel Wilson’s damages slashed .......5 Take a tour of Chelsea’s super-swanky Rage Against the Machine tell Farage to Pavilion Road ................................24 Sir Cliff wins against BBC .................6 cease and desist ........................... 18 Fox settles Ali claim .......................20 PRIVACY & DATA PROTECTION REGULATION – OFCOM, ASA & Damages and apology for revenge IPSO Photographer owns copyright in last Marilyn pics ..................................20 porn pics of dead woman ...............26 Eamonn & Ruth censured for child Convicted killers lose ‘right to be filming ..........................................8 Shape of Water claim dismissed ...... 21 forgotten’ case .............................26 Alex Salmond misled RT viewers .......8 Court rules on staying proceedings .27 Adam Johnson prison footage Child abuse inquiry fined £200,000 .27 justified .........................................9 Love Island avoids investigation ....... 10 CONTEMPT & REPORTING BBC accidentally named teenager ... 10 RESTRICTIONS Logo too prominent in C4 Grand Prix Tommy Robinson released on bail ...30 coverage ......................................11 Court of Appeal allows doctor fraud Can’t Pay? infringes privacy again .....11 reports ........................................ 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 Autumn 2018 WINNERS & LOSERS THE DAILY MAIL HAS APOLOGISED TO EARL SPENCER OVER ALLEGATIONS INVOLVING HIS LATE SISTER, PRINCESS DIANA: SEE P4 ZUMA Press, Inc. / Alamy Stock Photo Inc. / Alamy ZUMA Press, zoom-in Autumn 2018 | 3 WINNERS & LOSERS Our quarterly round-up of high-profile legal winners and losers Appeals Court will not musical creativity and inhibit the Daily Mail apologises to reconsider Blurred Lines process by which later artists draw Earl Spencer over Diana inspiration from earlier artists to decision create new popular music’, and signed allegation n A US court has refused to revisit up 212 other musicians to an amicus n The Daily Mail has apologised to its decision to dismiss an appeal by brief in support of their appeal. Earl Spencer, brother of the late Prin- Pharrell Williams and Robin When judgment was handed cess Diana, over stories it published Thicke against a finding down on the appeal in both in print and online in January that their hit song March, the arguments 2017. It had alleged that he had refused Blurred Lines had advanced by Thicke his sister any accommodation on his infringed the The only route and Williams’ Althorp estate after the collapse of her copyright lawyers were marriage to Prince Charles. The article, in Marvin left for Thicke and rejected, and published in the ‘Platell’s People’ Gaye’s Got To Williams is to appeal to the jury’s column, had accurately reported that Give It Up. verdict and Earl Spencer refused his sister’s request The the Supreme Court, but award of for accommodation in a particular Court of the case seems unlikely to damages cottage, ‘The Garden House’, but the Appeals for meet the threshold for upheld. paper failed to mention that he had the Ninth There was, instead offered her other properties on Circuit was consideration however, a the estate. The article made the defam- considering a dissenting judg- atory allegation that Earl Spencer had request by Thicke ment from Jacque- ‘acted in an unbrotherly, heartless and Williams to recon- line Nguyen, who said and callous way towards his sister’ in sider its appeal ruling, made her colleagues had allowed ‘the refusing her accommodation at a time in March this year, by way of an Gayes to accomplish what no one has when she needed refuge away from en banc re-hearing, which would before: copyright a musical style’. Kensington Palace. That allegation have involved all the Court’s judges She said: ‘Blurred Lines and Got was untrue and caused him distress sitting rather than the original three. to Give It Up are not objectively and embarrassment. The appeal, which was heard in similar. They differ in melody, Following letters of complaint, October 2017, followed the deci- harmony and rhythm. the Daily Mail made an offer sion of a jury at trial to award $5.3m [The ruling] estab- of amends – a proce- (£4.1m) in damages and half the lishes a dangerous Because dure publishers can Blurred Lines copyright to Marvin precedent that the Mail used use when they have Gaye’s estate. strikes a devas- made an error and The jury’s decision and resulting tating blow to the offer of amends are willing to award caused consternation in the future musi- procedure, it will be correct it. The music industry, as it appeared to open cians and legal representa- the door to similar copyright claims composers required to pay a lower tives of Earl against songwriters who, inevitably, everywhere.’ sum in damages than Spencer and the are influenced by earlier recorded In spite of Daily Mail made works. In the wake of the decision, her trenchant if it had fought the a statement in open a number of prominent artists have criticisms, the case court, and the news- settled claims for infringement, appeal court refused to paper will publish an sometimes by adding as co-writers reconsider its verdict. apology. It has also agreed claimants whose historical work was The only route left for Thicke and not to publish the allegation again and alleged to have inspired them, rather Williams is to appeal directly to the will pay damages and costs. Because than risk a similar result at trial. United States Supreme Court, but the publisher used the offer of amends Williams and Thicke had previ- the case seems unlikely to meet the procedure, it will be required to pay a ously pointed to the risk that ‘the threshold for consideration at the lower sum in damages than if it had Blurred Lines verdict would chill highest level. fought the case. 4 | zoom-in Autumn 2018 Rebel Wilson’s A$4.5m damages cut to A$600,000 n Rebel Wilson, previously awarded the biggest pay-out special damages amount entirely, and lowered the general for defamation in Australian history – A$4.5m (£2.6m) – damages amount to A$600,000 (£344,000). has seen her damages massively reduced on appeal. The Judge said Wilson’s evidence was ‘not sufficient’ Last year’s award had followed a unanimous jury and that she was ‘unable to establish there was a causal verdict that Bauer Media had defamed the Australian connection between the defamatory publications for which actor by branding her a ‘serial liar’ who ‘fabricated almost Bauer was responsible and any loss that was suffered’. She every aspect of her life’. also rejected the claim that Wilson had suffered economic The company had published magazine articles loss as a result of the articles. claiming Wilson lied about her name, age and child- The actor was not present in court, but did point out, hood so she could make it in Hollywood. As a result, ahead of the appeal, that the verdict itself was not being the actress said, she missed out on several prominent film questioned, only the amount of money paid. roles and other opportunities. The original judge had explained in his ruling that the In its original decision, the Supreme Court of Victoria sum was intentionally large, saying: ‘Unless substantial awarded A$650,000 in general damages and A$3.9m in damages are awarded there is a real risk that the public ‘special damages’ for roles Wilson had lost. The size of the will not be convinced of the seriousness of the defamation.’ payout generated discussion in Australia over whether it The appeal underlines the difficulty in proving Shutterstock.com could stifle journalism that is in the public interest.