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IRIS 2018-3:1/27 [NL] Broadcasting suspect’s image in Dutch television programme unlawful

On 27 December 2017, the District Court of Gelderland ruled that broadcasting the image of a murder suspect’s face in a television programme did not contribute to the public debate and was therefore unlawful. In 2016, the claimant in this case was ordered to serve a prison sentence of 7.5 years for attempted provocation of murder. Hidden camera footage had been discovered in which the claimant closed a murder deal and gave instructions to his associates. The footage was broadcast by SBS in 2012 on national television, in Misdaadverslaggever, a frequently watched crime reporting television programme...

IRIS 2018-3:1/21 [IE] Data Protection Bill 2018 published

On 1 February 2018, the Minister for Justice and Equality, Charlie Flanagan, launched the publication of the 2018 Data Protection Bill 2018. The Bill will give effect to the General Data Protection Regulation (GDPR (2016/679), which will become law within the EU on 25 May 2018. The Bill repeals the 1988 and 2003 Data Protection Acts, with the exception of those provisions relating to the processing of personal data for the purposes of national security, defence and the international relations of the State, thereby giving effect to Directive (EU) 2016/680 on the protection of natural persons with...

IRIS 2018-3:1/19 [GB] Revised Editors’ Code of Practice

The Editors' Code of Practice, under which the clear majority of Britain’s newspaper, magazine and news website journalists operate, was reviewed in 2017, and changes to it became effective from 1 January 2018. The Code is regarded as the “cornerstone” of the UK press self-regulatory system. Its rules, which are framed by the Editors’ Code of Practice Committee, set standards that the voluntarily subscribing industry members have agreed to maintain. Editors and publishers can be held to account via the Independent Press Standards Organisation (IPSO), which became the new regulatory body for the...

IRIS 2018-3:1/18 [GB] Ofcom imposes GBP 120,000 fine on Al Arabiya News

On 25 January 2018, Ofcom issued a sanction decision concerning Al Arabiya News, which is an Arabic language news and current affairs channel. The Ofcom licence for Al Arabiya News is held by Al Arabiya News Channel FZ-LLC. The issue concerned unfair treatment and unwarranted infringement of privacy in connection with the obtaining of material included in a programme broadcast by Al Arabiya News in February 2016 about an attempt in February and March 2011, by a number of people (including the complainant, Mr Hassan Mashaima) to turn Bahrain from a kingdom into a republic. The programme included...

IRIS 2018-3:1/16 [GB] Decisions on the right to be forgotten and media reporting

On 18 January 2018 and 22 January 2018, two decisions were delivered in cases concerning the right to be forgotten, although the matters raised in these pre-trial hearings are procedural, both flagging up the impact - in different ways - of such orders on freedom of expression. The NT1 case concerns two claims brought against Google LLC. The two claimants (NT1 and NT2) are unconnected, but the legal issues raised in the claims are the same. Both NT1 and NT2 were convicted of offences, but those convictions are now “spent” under the Rehabilitation of Offenders Act 1974. After citing paragraphs 80-81...