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On 31 July 2017, the UK Court of Appeal issued an important judgment on the terms of a “Tomlin Order” preventing the publication of certain facts, and held that the grant of an injunction and an inquiry as to damages was not a disproportionate restriction on the right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). During 2012 and 2013, a Greek language newspaper, Demokratia, published articles concerning a businessman, Mr Sabby Mionis, suggesting he was evading tax by holding funds in a Swiss bank. The former French Finance Minister Christine Lagarde...

The Director of Public Prosecutions (DPP) has stated that hate crimes are a priority area for the Crown Prosecution Service (CPS), given the increasing incidence of these crimes, especially on social media. On 21 August 2017, following a consultation, the CPS issued public statements on its approach to hate crimes (explaining the approach of the CPS and what victims and witnesses can expect), as well as revised legal guidance. These documents supplement the DPP’s social media guidance (“Guidelines on prosecuting cases involving communications sent via social media”). These statements and guidance...

On 8 May 2017, Ofcom determined that “ITV News” was in breach of Rule 1.3 of Ofcom’s Broadcasting Code by showing a graphic clip from a well-known film as part of its obituary of actor John Hurt during their morning bulletin (when children were likely to form part of the audience). Notably, the decision resulted in ITV amending its Compliance Manual, and provides guidance on news programming content pre-watershed. “ITV News” is produced for the ITV network by ITN (Independent Television News), which also ensures compliance with Ofcom’s rules relating to news broadcasts. On the morning of 28 January...

On 25 July 2017, Ofcom, the UK communications regulator, decided, in a fifteen-page decision, to impose a financial sanction on a broadcaster due to the particularly serious nature of breaches of the Broadcasting Code. The matter involved Kanshi Radio, a satellite radio station that provides speech and music programmes for the Asian community in the UK. The licence for Kanshi Radio is held by Kanshi Radio Limited. A complainant alerted Ofcom to a “filthy Punjabi” song (lasting eleven minutes) broadcast on 1 September 2016 on this station containing lyrics that the complainant considered were “threatening...

Ofcom, the UK communications regulator, has permanently revoked the licence of Iman FM, a community radio service broadcasting to the Muslim community in Sheffield. The regulator has power to do so under the Broadcasting Act 1990 if the licence holder has broadcast material likely to encourage or incite the commission of a crime or lead to disorder. Ofcom’s Broadcasting Code also prohibits the broadcasting of material likely to encourage or incite the commission of crime or lead to disorder. During the holy month of Ramadan the station broadcast a series of lectures by Anwar al-Awlaki, a US-born...