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Ofcom has decided that although the BBC had entered private premises without permission, the invasion of privacy on this occasion was warranted because of public interest considerations. The complaint was made against BBC1’s “The Dog Factory”, a documentary concerning the dog trade in Scotland and Northern Ireland, broadcast on 19 May 2015. The owner, Mr David Hamilton, of “The Furnish Kennels” in Northern Ireland, complained that the BBC had interfered with his privacy by filming in the middle of the night on his property without his permission, thus leading to adverse effects on him and his business. The...

The Court of Appeal determined Mr Justice Mann’s damages awards in the High Court judgment of Gulati and Others v MGN Limited for invasion of privacy, including phone hacking, were justifiable and reasonable (see IRIS 2015-7/18). The defendant newspaper proprietor, MGN Limited (MGN) appealed to the Court of Appeal on four grounds arguing the awarded damages were excessive. MGN’s grounds for appeal were as follows: (a) the award should have been limited to damages for distress; (b) the awards were disproportionate when compared with personal injury awards (general damages); (c) the awards were disproportionate...

On 9 November 2015, a US appeals court ruled that it was “substantially likely” that the bulk metadata collection program (“Program”) first made public by National Security Agency (NSA) whistleblower Edward Snowden in 2013 is “unlawful,” finding that “the plaintiffs have suffered concrete harm traceable to the challenged program.” The activist Larry Klayman brought an action against the NSA’s Program, requesting the NSA to stop surveilling him. The judge ordered the NSA to stop the surveillance of the plaintiff, allowed the US government a period of three months to lodge an objection against his...

In a judgment on preliminary relief proceedings on 15 December 2015, the District Court of Amsterdam ruled that the Dutch public broadcaster PowNed acted unlawfully towards a Syrian refugee. PowNed broadcast video images in which the plaintiff refugee talked about a medical problem with his testicles and seemed to express an aversion to homosexuality. PowNed also shared the fragment on its Facebook page, where it was widely viewed, shared, liked and received many negative comments. The footage was made during a conversation between the plaintiff and a reporter of PowNed while she visited a temporary...

The Hague Court of Appeals has ruled that Ministry of Justice restrictions placed on a journalist concerning pictures and video footage taken inside detention centres violate freedom of expression and the European Convention on Human Rights (ECHR). The case arose following a request from a journalist to the Ministry seeking permission to take pictures and video footage at certain detention facilities. The Ministry initially rejected the request, but following negotiation, the Ministry agreed to grant permission for taking footage, provided the journalist enter into a contract setting out when and...