zoom-inMedia law news from Abbas Media Law SpringMay 2016 2017 UKIP MEP to The Nightly Show David Beckham’s pay damages after exec producer Katie High Court injunction Rotherham abuse Taylor talks to proves worthless 25 libel 4 zoom-in 13 KELLYANNE CONWAY Fake news, alternative facts … who cares? n Turn on the TV or open a newspaper: Obama had banned the Pledge of Al- a serious candidate for the Presidency, ‘fake news’ and ‘alternative facts’ are legiance from US schools, fake news reports started telling us that the only everywhere. At the start of 2016, those abounds. We now have a US President source of news for swathes of society terms would not even have been under- who refuses to answers questions from was the internet. Evidence emerged stood. What a difference a year makes. the mainstream media, and a senior that huge numbers of voters believed From #Pizzagate - an outlandish Presidential advisor, Kellyanne Con- these fake stories. In December, for ex- conspiracy theory that a paedophile way, talking with a straight face on ample, a US poll found only 54% of ring high up in the Democratic Party NBC’s Meet the Press about ‘alternative Trump supporters were willing to say was operating out of a Washington facts’. they didn’t believe #Pizzagate was real. pizza restaurant - to a story that Barack Last year, as Donald Trump became continued on page 28 IN THIS ISSUE COVER MEDIA HAUNTS How the media landscape was Why the members club tainted by fake news ..............................1 that welcomed Dickens (cont on p28) and Churchill is once again the coolest spot in town for creatives .................................14 WINNERS & LOSERS Jennifer Lawrence hacker gets nine months BUSINESS AFFAIRS & RIGHTS in jail ................................................... 3 Abbas Media Law’s production legal Melania Trump re-files against Mail .......... 4 schedule, setting out the five key stages of TV production and the legal issues UKIP MEP hit with £162,000 libel producers must consider. In this issue we damages .............................................. 4 focus on development agreements and Kylie Jenner cannot trademark Duran Duran appeal in copyright case ...... 4 content advice .....................................16 Kylie Jenner ........................................ 23 TV show format not copied, despite REGULATION – OFCOM, DEFAMATION similarities .......................................... 24 ASA & IPSO Mumsnet ordered to disclose details of users who slammed surgeon ..........................19 PRIVACY & DATA PROTECTION Channel 5 censured for swearing too close Prince of Morocco combines libel and data to watershed ........................................ 7 BBC says Cliff Richard raid footage was in protection claims .................................19 public interest ..................................... 25 The X Factor takes steps after live f-bomb .. 7 No ‘serious harm’ in charity trustee case . 20 Newsagent failed to register CCTV 70s talk show repeat includes ‘highly Channel told to broadcast summary of court cameras ............................................. 25 unacceptable’ word .............................. 8 judgment ........................................... 20 Employee convicted for taking client list to Ofcom’s guide to discriminatory Council to compensate after false domestic new job ............................................. 25 language ............................................. 8 abuse claim .........................................21 High Court injunction worthless after David Trigger Happy TV unsuitable for Saturday Neighbours must pay for random Facebook Beckham email hack ............................ 25 morning ............................................... 8 diss ....................................................21 ICO fines round-up .............................. 26 Big fine for anti-Semitic hate speech ......... 9 Sponsorship credit contained inappropriate COPYRIGHT & IMAGE RIGHTS CONTEMPT & REPORTING message .............................................10 Star Trek fan RESTRICTIONS LBC host insulted Portuguese people ......10 flick agrees to Rapist’s girlfriend convicted for court newguidelines filming ............................................... 27 ................. 22 20 QUESTIONS Teenager who stamped on 13-year-old can Paul McCartney be named .......................................... 27 Nightly Show exec Katie Taylor on snobbery, sues Sony over Strictly and why a ping pong ball nearly Beatles song New Brexit claimants granted ruined her Millennium Eve .....................13 rights ......... 22 anonymity .......................................... 27 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 Features Editor Paul Hunwick UK law and regulation affecting the television, film, Contributing Felicity advertising and publishing industries. Editors McMahon Founded by Nigel Abbas, we work closely with Jenny Spearing broadcasters, independent production companies of Picture Editor Karen Harper all sizes, and other content producers. Sub-editor Jack Seale Abbas Media Law is experienced in advising both Art Director Tim Parker 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 Street, content when it – and its producers – come under attack. 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 Spring 2017 WINNERS & LOSERS Nine months for hacker who stole Jennifer Lawrence nude photos n A hacker who stole nude photographs of 30 unnamed celebrity victim whose photos were dis- celebrities including Jennifer Lawrence has been jailed seminated online. for nine months. Edward Majerczyk of Chicago pleaded Majerczyk was accused of operating a phishing guilty to charges of computer hacking in a Los Angeles scheme: sending emails to individuals that appeared federal court last year. His plea agreement included to come from internet service providers, which asked provision for the case to be transferred to Chicago, and for their user names and passwords. He could then ac- both sides agreed on a nine-month sentence. cess the accounts of those who responded. He admitted His lawyer said that Majerczyk was suffering accessing the iCloud and Gmail accounts of over 300 from depression and had expressed remorse. In addi- people. However, both his lawyer and the US Justice tion to the prison sentence, Majerczyk was ordered Department have said that there is no evidence linking to pay $5,700 towards counselling services for one Majerczyk to the online leaks of the material. zoom-in Spring 2017 | 3 WINNERS & LOSERS Our quarterly round-up of high-profile legal winners and losers Melania Trump settles which Plaintiff is one of the most pho- and elsewhere. In April 2015, a judge tographed women in the world.’ found that the speech had a number with blogger, re-files Mrs Trump is represented by of defamatory meanings in relation against the Mail Charles Harder, the lawyer who also to the three MPs, including that they represented Hulk Hogan in his privacy knew many of the details of child n We reported in the Winter 2016 case against Gawker, which ultimately sexual exploitation that took place in edition of zoom-in that US First Lady led to Gawker’s demise. Mrs Trump Rotherham, yet deliberately chose not Melania Trump was suing both a blog- faced press criticism of the wording of to intervene, and were thereby guilty ger and the Daily Mail in Maryland the lawsuit, to which Harder replied: of misconduct. over articles that reported rumours ‘The First Lady has no intention of us- Ms Collins raised the issue of her that Mrs Trump had in the past acted ing her position for profit and will not European Parliament immunity and as an escort – allegations Mrs Trump do so.’ the case was stayed, pending an opin- says are false and damaging to her per- Mrs Trump has since re-filed her New ion from the European Parliament sonal and professional reputation. York lawsuit again, removing the refer- on whether the immunity applied. In January, the court ruled that ence to a ‘once in a lifetime opportunity’ In October, the European Parliament the case against the blogger, Webster and focusing more on the emotional dis- told the High Court that, in its view, Tarpley, could proceed. Judge Sharon tress caused by publication. It now says the immunity did not apply, as her re- Burrell denied a motion to dismiss the the article caused ‘tremendous harm’ to marks were made in the context of a case, saying: ‘There can be no more Mrs Trump’s ‘personal and professional national political debate, and did not defamatory statement than to call a reputation and prospective economic op- relate to her activities as an MEP or to woman a prostitute.’ Mrs Trump has portunities, as well as causing her signifi- the policies of the EU. This is unsur- since settled her claim against Tarp- cant humiliation