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On 25 May 2021 the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its long awaited judgment on bulk interception of personal data and mass surveillance by security and intelligence services in the case of Big Brother Watch and others v. the United Kingdom. After its Chamber judgment of 13 September 2018 (IRIS 2018-10/1) the case was referred to the Grand Chamber of the ECtHR. The Grand Chamber judgment elaborates a general framework of principles regarding bulk interception and confirms that the UK regime of interception of communications not only violates the privacy rights...

The Honourable Mr Justice Warby of the High Court of Justice gave summary judgment on 11 February 2021 (February judgment) for HRH The Duchess of Sussex (HRH) which declared that Associated Newspapers Limited (ANL) in a series of Daily Mail and MailonLine articles had breached HRH’s copyright and privacy by publishing a private letter that she had sent to her estranged father a few months after marrying Prince Harry. On 5 March 2021 Mr Justice Warby determined the extent and nature of the public apology notice from ASL (March judgment). In May 2021 the court received further evidence that...

On 19 April 2021, Ofcom, the UK’s communications regulator, found that two episodes of the Loveworld TV Network’s programme Full Disclosure featured potentially harmful statements about the Coronavirus pandemic and vaccine rollout, without providing adequate protection for viewers. Full Disclosure is a current affairs programme which features two presenters discussing a range of news stories. It is broadcast by the religious channel Loveworld Television Network, the licence for which is held by Loveworld Limited. Ofcom found that during two Full Disclosure episodes (broadcast...

On 19 April 2021, Channel 5 publicly apologised and agreed to pay damages to a couple who were shown in the television programme Can’t Pay? We’ll Take it Away! Channel 5 Broadcasting Ltd is a national broadcaster which broadcasts Channel 5, and also 5HD, 5 + 1, Spike, 5Star and 5USA. It also operates My5, a free video on-demand internet service. Can’t Pay? We’ll Take It Away! is a British factual documentary series which follows the work of High Court Enforcement Officers (HCEAs) as they go about their business of collecting alleged debts and repossessing homes. The...

On 18 March 2021, the Advertising Standards Authority (ASA), the UK’s regulator of advertising across all media, published its research on whether influencer ads are appropriately disclosed on social media. The regulator’s report revealed a “disappointing overall rate of compliance” with its rules requiring ads on social media to be clearly signposted as such. The UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code), which applies to ads in all non-broadcast media, including digital platforms, requires that marketing communications must...