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IRIS 2018-5:1/19 [GB] The Government ends the Leveson Inquiry

On 1 March 2018, the UK Government announced its decision to formally close the Inquiry into the Culture, Practices and Ethics of the Press pursuant to section 14(1)(b) of the Inquiries Act 2005. As a result of the emerging scandal of “phone hacking” by the News of the World, a two-part inquiry was ordered in November 2011 by the then Prime Minister David Cameron. Chaired by Lord Justice Leveson, part one examined the relationship of the press with the public, police and politicians. It commenced its hearings in November 2011 and ended in July 2012, culminating with the publication of the Leveson...

IRIS 2018-5:1/18 [GB] High Court awards damages against Channel 5 for failing to obtain consent and infringing filmed parties’ privacy

On 22 February 2018, Mr Justice Arnold of the High Court awarded GBP 20 000 in damages to Shakir Ali and Shanida Aslam (the Claimants) against Channel 5 Broadcast Limited (Channel 5), for breaching the Claimants’ privacy and not satisfactorily obtaining their consent to be filmed for the reality television show Can’t Pay? We’ll Take It Away (CPWTIA). The series is made by Brinkworth Films Ltd (BFL) with broadcaster Channel 5 having final editorial responsibility. CPWTIA follows Direct Collection Bailiffs Ltd (DCBL) as they enforce court judgments against debtors and eviction orders against tenants...

IRIS 2018-5:1/8 European Commission: Notice on Brexit and EU rules in the field of audiovisual media services

On 19 and 21 March 2018, the European Commission published two Notices to stakeholders setting out the effect of the withdrawal of the UK from the EU under Article 50 of the Treaty on the European Union. The first Notice concerned the withdrawal of the UK and EU rules in the field of audiovisual media services, while the second Notice concerned the withdrawal of the UK and EU legislation in the field of geo-blocking. The Notices explained the implications for private parties − in particular providers of audiovisual media services. The Notice concerning audiovisual media services firstly states...

IRIS 2018-4:1/24 [GB] TV ads in breach of the Code of Broadcast Advertising

On 21 February 2018, the UK Advertising Standards Authority (ASA) banned two television advertisements on the grounds that they breached the UK Code of Broadcast Advertising (BCAP Code) rules relating to the protection of children. The decisions provide helpful guidance on alcohol advertising, and advertisements which may be harmful to children. The first television advertisement was for a discount supermarket chain, Aldi Stores Ltd, and formed part of their 2017 Christmas campaign, which featured a computer-generated image of a carrot in a number of parodies of popular films. The advertisement...

IRIS 2018-4:1/23 [GB] Digital “golden oldies” television channel is found to have breached rule against broadcasting offensive language

On 19 February 2018, Ofcom issued a notable decision on the inclusion of racially offensive language in classic drama series. This adjudication concerns a broadcast by the Licensee, Talking Pictures TV Ltd, an entertainment channel which broadcasts classic films and archive programmes. It is said that the family-run digital channel is watched by two million people a week. The programme complained about - by just one complainant - was an episode of A Family At War, a British period drama series made between 1970 and 1972, about the experiences of a family from Liverpool during the Second World War....