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On 18 January 2019, Sheffield Magistrates’ Court acquitted the BBC Asian Network head of news Arif Ansari of breaching the Sexual Offences (Amendment) Act 1992 after a reporter named a rape victim live on air. Ansari was the editor of a radio programme when a reporter, Rickin Majithia, revealed in a live news bulletin the identity of a female victim of sexual abuse whilst reporting on the trial of her abuser in February 2018 outside Sheffield Crown Court. Majithia had wrongly assumed that the name read out in court was a pseudonym. Although Majithia was in error, the charge was brought against...

On 11 January 2019, the urgent applications judge of the Paris regional court issued a decision that demonstrates the difficulties that can arise when someone gives written permission to be interviewed for a film. In the case in question, a psychoanalyst had given an interview, parts of which were used in a film entitled “Le Mur” on the subject of developmental disorders (psychosis and autism). The film’s producer then embarked on a second film, entitled “Le Phallus et le Néant”, which included further excerpts from the interview and was due to be broadcast in January 2019. The interviewee considered...

More than a year after the draft bill was submitted to the Congress on 14 November 2017, Spain finally adopted its Organic Law No. 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights. The law entered into force on the day following its publication in the Official Gazette of 6 December 2018, Constitution Day in Spain. The law applies to the public and private sector, is organised into ten chapters and includes ninety-seven articles, one repealing the provision as well as several additional, transitory and final provisions. It repeals Organic Law No. 15/1999...

A recent judgment delivered by the European Court of Human Rights (ECtHR) reveals how powerful persons and their entourage sometimes use clearly illegal and immoral techniques to intimidate investigative journalists in order to make them stop critically reporting on their actions, policy or corruptive activities. The judgment in the case of Khadija Ismayilova v. Azerbaijan once more illustrates the practice of harassment and intimidation, and the blatant lack of respect for the rights of journalists to critically report on the government or the president in Azerbaijan (see IRIS 2010-8/2, IRIS 2015-3/1...

In a judgement of March 14 2018, but published on October 31 2018, the District Court of Amsterdam ruled that a publisher of a Dutch free national newspaper had acted unlawfully by publishing multiple columns — both in print and on its website — in which a columnist accused a well-known Dutch comedian of sexual harassment and rape. The comedian had requested this declaratory decision, and claimed damages for the violation of his right to honor, good name, and reputation. In interim injunction proceedings, lodged by the comedian in 2015, the Court had already ordered the publisher to remove two...