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IN THIS ISSUE,DEFAMATION 20 QUESTIONS, Supreme Court rules on IWC Media s Mark Downie on what. serious harm 12 gets him up in the morning 22,Blogger sued by Britney s father 12. Court rules on police libel claim 14,Times defamed Ben Stokes. prosecutor 15,Michael Jackson fans sue accusers 15. BUSINESS AFFAIRS RIGHTS,Abbas Media Law s production legal MEDIA HAUNTS.
schedule setting out the five key,Off to Edinburgh Here s your essential. stages of TV production and the legal,festival guide to the city s hotspots 24. issues producers must consider In this,WINNERS LOSERS. issue we focus on partnership and, Kim Kardashian West wins 2 7m rights agreements 16. damages 4 PRIVACY DATA PROTECTION, MTV pays out over Koo Stark story 4 Police raids on Australian media.
COPYRIGHT IP RIGHTS denounced as intimidation 26, Katy Perry loses copyright claim 6 Barry Manilow wins copyright battle 18. FTC imposes 5bn fine on, Janice Dickinson settles Cosby case 6 Appeal court will hear Led Zep case 19 Facebook 26. Gigi Hadid defeats Instagram Bloomberg granted permission. REGULATION OFCOM,lawsuit 20 to appeal 27, Channel 5 in breach over extreme Heather Mills settles phone hacking. content 8 claim 28,New rules proposed for TV, Front cover images Janis bukley Shutterstock com Kathy Hutchins Shutterstock com Vicki L Miller Shutterstock com. participants 8,CONTEMPT REPORTING,ITV s Noel Edmonds report not unfair 9.
RESTRICTIONS,BBC apologises for Dooley s,Tommy Robinson imprisoned 29. comment 10, RT fined for serious breach 10 Teen killer identified 31. Love Island tweeters given Man jailed for 9 months for breaching. cheat sheet 11 injunction 31,zoom in Abbas Media Law. Editor Nigel Abbas, Deputy Editor Clare Hoban zoom in is written by the Abbas Media Law team. Features Editor Paul Hunwick We are a niche law firm advising on all aspects of. Contributing Felicity UK law and regulation affecting the television film. Editors McMahon advertising and publishing industries. Jenny Spearing Founded by Nigel Abbas we work closely with. Gervase de Wilde broadcasters independent production companies of. Paul Schaefer all sizes and other content producers. Editorial Assistant Lucy Chisholm Batten Abbas Media Law is experienced in advising. Sub editor Jack Seale both before publication or broadcast working with. Art Director Tim Parker creatives to minimise their legal and regulatory risk as. NIGEL ABBAS, Contact well as following publication or broadcast defending.
ABBAS Media Law content when it and its producers come under attack. 1st Floor 239 Kensington High Street With particular expertise in television and film we have advised on thou. London W8 6SN sands of hours of television over the past two decades across all genres. D 44 207 316 3046,M 44 7831 311 080, zoom in editor Nigel Abbas is also the primary author of Channel 4 s. E info abbasmedialaw com Producers Handbook,www abbasmedialaw com. Subscribe to zoom in Subscribe to zoom in at abbasmedialaw com for essential media. www abbasmedialaw com law and compliance news analysis and updates. 2 zoom in Autumn 2019,WINNERS LOSERS,Sky Cinema Shutterstock com. KIM KARDASHIAN WEST HAS WON,SUBSTANTIAL DAMAGES FROM. A FAST FASHION CLOTHING,COMPANY SEE P4,zoom in Autumn 2019 3.
WINNERS LOSERS, Our quarterly round up of high profile legal winners and losers. US Missguided to pay In a statement Missguided said Perry s 2013 hit was the subject. 2 7m damages to Kim We note the view of the California of a copyright infringement claim by. Kardashian West Court The legal process has not yet. reached a conclusion,Marcus Gray who records as Flame. He sued Perry and five other, n Fast fashion brand Missguided has In February The producers and song. been ordered by a court in California to Kardashian West writers behind the. pay 2 7m damages to Kim Kardashian spoke out against repeated track including. West following a complaint by her fast fashion damages awards Dr Luke Max. against the company s US arm companies on Martin and. The reality TV star claimed the Twitter saying to Stark illustrate the Juicy J. company was responsible for unau It s devastating danger of reproducing Dark Horse. thorised use of her trademarked to see these has been one. name and likeness to promote its fashion compa defamatory allegations of Perry s. website and products nies rip off designs found on the most successful. The company showed a model that have taken the records It was a. wearing a gold dress on Instagram blood sweat and tears internet US No 1 was nomi. similar to one Kardashian West had of true designers who nated for a Grammy. shown herself wearing and a caption have put their all into their and was the second. tagging Kardashian West that said own original ideas biggest selling single across the. The devil works hard but Missguided The case appears to have been based world in 2014. works harder in part on allegations that the company Gray s lawyers claimed the beat and. In the allegations against Miss was responsible for false endorsement instrumental line featured through. guided USA court documents said the ie incorrectly associating Kardashian nearly half of Dark Horse are substan. company has not only knocked off the West with the brand which is a type tially similar to those of Joyful Noise. clothing of other designers but of claim that can be pursued in He also objected to being associated. it has unabashedly misap English law as passing off with the video for Perry s song. propriated the rights Image as well as for straight The devoutly religious message. of celebrities like rights do forward trademark of Joyful Noise has been irreparably. Kardashian in selling infringement tarnished by its association with the. these knock offs on, not exist in the However witchcraft paganism black magic and. its websites UK but can be a California law Illuminati imagery evoked by the same. It was said that powerful weapon also provides for music in Dark Horse his lawsuit said. the company repeat image rights Perry s attorneys argued that the. edly used Kardashi in the armoury of which can be used sections in question represent the. an s name and image celebrities in the by individuals to kind of simple musical elements that. without authorization protect their name if found to be subject to copyright. to generate interest in their US and likeness in other would hurt music and all songwriters. brand and website and to elicit circumstances They re trying to own basic. sales of their products Rights of that kind do not exist in building blocks of music the alphabet. Missguided did not defend the the UK but can be a powerful weapon of music that should be available to. claim Kardashian West was awarded in the armoury of celebrities seeking to everyone Perry s lawyer Christine. default judgment protect their image in the US Lepera told the jury during closing. In addition to awarding damages arguments, and costs of 60 000 to Kardashian In response to claims by the song.
West the court ruled that the company US Katy Perry liable for writing team behind Dark Horse that. was prohibited from using the reality copyright infringement they were unaware of Gray s work. star s name images likeness persona his lawyer successfully argued that. and trademarks in connection n A Los Angeles jury has found that Joyful Noise was a widely known song. with the sale marketing or distribution Katy Perry s song Dark Horse plagia pointing to its millions of plays on. of its products rised a track by Christian rapper Flame YouTube and Spotify. 4 zoom in Autumn 2019,Featureflash Photo Agency Shutterstock com. KATY PERRY HAS LOST A,CASE WHERE IT WAS ALLEGED,SHE INFRINGED ANOTHER. SINGER SONGWRITER S,COPYRIGHT SEE OPPOSITE,zoom in Autumn 2019 5. WINNERS LOSERS, They re trying to shove Mr Gray description of her work. into some gospel music alleyway that Defunct lads magazine Zoo paid. no one ever visits he said Stark substantial damages in 2007 over. Perry gave evidence and offered to a similar allegation. perform Dark Horse in person during The repeated damages awards to. technical difficulties at the hearing Stark illustrate the danger of repro. In the end the jury found for ducing defamatory allegations found. Gray ordering Katy Perry her label on the internet or in other media. and her song writing pals to pay 2 7 without independently verifying them. million in damages to the rapper and considering the legal risks. This was less than the amount,sought but Gray s lawyer said after.
the damages ruling had been made Janice Dickinson settles. claim against Bill Cosby,RichSTOCK Alamy Stock Photo. We are quite pleased I think this is,a fair and just result. Perry and her team now plan to n Actor Janice Dickinson has settled. fight both the infringement ruling a defamation claim against Bill. and the resulting damages bill with Cosby s insurance company American. the star s lawyer calling the jury deci International Group Inc ending the. sions a travesty of justice defamation action she brought after. STARK DEFAMED,his representatives had branded her, During a trip to the Caribbean a liar Dickinson had given a televi. Damages win for Koo Andrew was seen with Koo Stark an sion interview in 2014 in which she. Stark over MTV story American lady who was no stranger accused Cosby of raping her in 1982. to the porn scene We can imagine Prosecutors were unable to pursue. n Prince Andrew s ex girlfriend Lizzy was not impressed criminal charges due to statute of. Koo Stark has won substantial In a statement in open court limitations laws Cosby s lawyers. damages from Viacom International Stark s lawyer said the article was at the time sent letters to media. owner of MTV s entertainment defamatory because readers would outlets warning them not to publish. news website after it published an understand it to mean Stark is a her claim and that she was seeking. article that wrongly referred to her porn actress who has made her living to bolster a fading career A subse. as porn star participating in films which are made quent news release from Cosby s team. The American actor and photog by pornographers for distribution in accused Dickinson of lying In 2015. rapher dated Prince Andrew for two the pornography market she sued for defamation claiming the. years in the early 1980s He went on to say Ms Stark letters and news release were intended. The relationship came to an end in who was at one time widely expected to destroy her reputation. the wake of controversy over the fact to marry HRH Prince Andrew has Dickinson is one of dozens of. that Stark had appeared in the erotic never participated in any porno women who have accused Cosby of. avant garde film Emily in 1976 graphic film posed for pornographic serious sexual assault and rape Last. Stark was reported last year to photographs or participated in any year he was convicted of three counts of. have instructed lawyers in respect of enterprise which could properly be aggravated indecent assault for drug. her portrayal in forthcoming episodes described as pornographic ging and sexually assaulting a former. of Netflix series The Crown which Viacom International has agreed friend Andrea Constand for which he. is soon to cover the period during not to repeat the claim is serving a three to ten year prison. which she was in a relationship with Stark s lawyer said out of court sentence in Pennsylvania. the Prince that the false allegation had gained Dickinson s lawyer said the case was. A story published by MTV listing new currency because of The Crown settled for an epic amount of money. dramatic moments from the history adding Hopefully after the reading of but the exact figure is being kept confi. of the Royal Family featured a section this statement it will not be repeated dential At a press conference Dick. under the headline When Prince The Daily Star published an apology inson said Truthfully a settlement. Andrew dated a porn star to Stark last year over an article that is a victory and certainly a measure of. Alongside a photo of the Prince had wrongly claimed she had starred justice and helps me sleep better but. it said This is why the Royal Family in a pornographic film The newspaper in reality nothing can ever erase the. should have their own reality show said this was not a true and accurate experience and memories of an assault. 6 zoom in Autumn 2019,Featureflash Photo Agency Shutterstock com. THE ACTOR JANICE DICKINSON HAS,SETTLED HER LIBEL CLAIM AGAINST.
DISGRACED COMEDIAN BILL COSBY,SEE OPPOSITE,zoom in Autumn 2019 7. REGULATION OFCOM ASA IPSO,In relation to Rule 2 3 Ofcom. Ofcom regulates the content of all television and radio in the UK considered that the sexual content. IPSO is the main regulator for the press and magazine industry featured was particularly extreme. graphic and explicit and that only, The Advertising Standards Authority regulates advertising All. some of the images were shot at a, the regulators adjudicate on complaints with reference to codes distance or from behind so as to limit. of practice with which those they regulate have to comply The their graphic and explicit nature. Ofcom Broadcasting Code is the main code relating to broadcast Ofcom took into account the. content while IPSO judges complaints against the Editors Code warnings given at the start of and. The ASA s main codes are the BCAP Code for broadcast advertising during the programme but decided. that the potentially offensive content, and the CAP Code for non broadcast advertising Compliance with.
in these programmes exceeded, these codes is important Regulators can impose penalties and generally accepted standards in. sanctions for non compliance Regarding privacy matters the breach of Rule 2 3. regulatory codes also have wider legal significance because of In relation to Rule 1 19 Ofcom. provisions within the Human Rights Act 1998 and data protection noted that this does not provide. broadcasters with unlimited licence, legislation The result is that the Codes have a bearing not simply. Although this was a serious obser, in a regulatory context but also on how the courts should act vational documentary and the inclu. when making any order affecting freedom of expression and the sion of sexual content supported the. publication of journalistic literary or artistic material editorial purpose the strong sexual. content was explicit Insufficient, OFCOM Channel 5 in Demand also carried a warning about masking and the use of close up shots. breach over extreme,its content resulted in sexual material that was.
It included a sex worker urinating extreme graphic prolonged at times. content onto a client electrical play and and prominent. the insertion of a metal ball into an In light of the available audience. n Ofcom has found Channel 5 in anus although the insertion point data Channel 5 had not ensured. breach of Broadcasting Code rules on was not shown appropriate protection was provided to. offence and explicit content over the The third episode Orgasms for under eighteens and had not reduced. broadcast of three episodes Sale also carried a warning the likelihood of children viewing. of The Sex Business in about its content It content that was unsuitable for them. December 2018 Where included several scenes Scheduling the series at 10pm did. The first sexually of male sex workers not limit the likelihood of children. episode Pain for penetrating female viewing strong sexual content Ofcom. Pleasure carried, explicit material is clients with their thus concluded that the series was also. a warning that to be shown context fingers in breach of Rule 1 19. it was not Ofcom consid The decision recognises that. for the faint, and the protection ered that the sexual where sexually explicit material. hearted and that of under 18s is key material in the and other material raising harm. viewers should episodes raised issues and offence issues is to be shown on. be prepared for, even after the under Rule 2 3 of television context and the protection. extremely graphic watershed the Broadcasting Code of under 18s is key even after the. scenes of actual kinky which requires that broad 9pm watershed. sexual activity including casters must ensure that material. dangerous consensual sexual violence which may cause offence is justified by. ball nailing and fisting the context as well as under Rule 1 19 OFCOM New rules. It included a dominatrix stapling which requires that they must ensure proposed to protect TV. a client s genitals and describing it as,a chastity device and another client. that material broadcast after the water,shed which contains images and or.
participants, being anally fisted and penetrated language of a strong or explicit sexual n Ofcom is proposing new rules. with a strap on nature but is not adult sex material to help protect the wellbeing of. The second episode Trans on is justified by the context people taking part in TV and radio. 8 zoom in Autumn 2019,tions about how well equipped its. contributors are to deal with instant,fame and media scrutiny after two. contestants committed suicide,following their appearances on the. popular dating reality show,There are already rules placing.
responsibilities on broadcasters to,consider the welfare of participants in. programmes and separate safeguards,in place for people under 18 Ofcom. is now considering rule changes that,would in effect extend the level of. protection that exists for under 18s to,all ages Ofcom stated that there had. been growing openness and concern in,society about mental health and well.
being and that it had seen a steady,rise in complaints expressing concern. about the welfare and wellbeing of,people who take part in programmes. The two new rules proposed are,1 Due care must be taken over the. welfare wellbeing and dignity of,participants in programmes and 2. Participants must not be caused unjus,tified distress or anxiety by taking part.
in programmes or by the broadcast of,WENN Rights Ltd Alamy Stock Photo. those programmes,Ofcom has said it will also provide. guidance on what broadcasters should,do to look after participants before. during and after production and how,to best use editorial techniques such. as lie detectors Ofcom distinguished,between the duty of care a broadcaster.
would have when making a news or,KYLE TAKEN OFF AIR. current affairs programme and that, programmes including news and In May The Jeremy Kyle Show was applicable to entertainment or reality. current affairs shows docu taken off the air by ITV programmes but reiterated that it is. mentaries and phone following the death of always the responsibility of the broad. ins These proposals, Ofcom is guest Steve Dymond caster to assess what is appropriate. follow the deaths now considering a week after Ofcom is inviting feedback. of a number of,contributors to,rule changes that filming an episode. during which,on the new rules and guidance until,23 September.
reality television would in effect extend he had failed. raising questions the level of protection a lie detector OFCOM ITV report on Noel. about how poten test designed to, tially vulnerable that exists for expose whether Edmonds rant was not. contributors should,be assessed and what,under 18s to all he had. unfaithful to a,unfair to journalist, ongoing duty of care is ages partner ITV s Love n Ofcom has rejected a complaint. owed to them Island has also faced ques that ITV was unfair to a Sun. zoom in Autumn 2019 9,REGULATION OFCOM ASA IPSO, journalist in one of its news he was treated unjustly or unfairly was reasonable for the broadcaster. reports and that his position was because the programme included the to have approached the newspaper. not adequately reflected in the personal attack on him which was rather than approaching the jour. programme potentially damaging to his repu nalist directly. The complaint followed an ITV tation He said he had not known. evening news report in January in advance of publication that. about a video posted online by Noel Edmonds house had been on the BBC apologises after. Edmonds In the video Edmonds market for a long time Stacey Dooley calls. criticised a piece written ITV contacted The Sun,for a response before the.
Muslim prayer gesture,ISIS salute,about him in The Sun. and the journalist bulletin was run but,who wrote it The. Edmonds took the decision to, Sun article had directly attacked only include one of n The BBC has apologised after. claimed Edmonds two responses they presenter Stacey Dooley who won. was selling his, the journalist were given omit Strictly Come Dancing 2018. home because he calling him a low ting a specific line labelled a common gesture an IS. was upset at being,the first contestant,life about Hamilton.
ITV said that while in,salute when she met Islamic State. brides at al Hawl Camp in Kurdish, ousted from I m a Celeb hindsight it regretted controlled northern Syria for a Pano. rity Get Me out of Here that the comment about rama episode Stacey Meets the IS. Edmonds video said the story Hamilton was not included in the Brides. was seriously misleading because report it did not consider that its The offensive comment was. his house had been on the market omission constituted unfairness to broadcast in a trailer that was shown. for two years and that he had him ITV said that Edmonds video on the BBC news at 10 Following a. told the paper this before it footage was self evidently an emotive flood of complaints on social media. published Edmonds ended his video expression of his own opinion and the clip was removed from the BBC. by directly attacking the journalist his hurt feelings about what he saw news website and edited out of the. Michael Hamilton calling him a as a false article It said that the full programme before it was broad. low life ITV reported this criti programme in no way endorsed the cast in full the following night. cism in their bulletin allegations Edmonds made against A BBC spokesperson said We. The journalist complained that The Sun or its journalist wrongly described a gesture made. When considering complaints of by women filmed in a Kurdish. unjust or unfair treatment Ofcom controlled detention camp in. considers Rule 7 of the Code Ofcom Northern Syria as an IS salute. considered that the comments were While IS have attempted to. clearly attributed to Edmonds and adopt this for their own propaganda. that viewers would have understood purposes for accuracy we should. that the comments represented his have been clear that many people. own personal views and opinions of Muslim faith use this gesture to. on a story that he said was false signify the oneness of Allah We. Ofcom took into account that the apologise for this error and have. ITV report stated The Sun said it removed this description from the. was unable to comment Although footage,WENN Rights Ltd Alamy Stock Photo. it has not heard from Noel Edmonds,directly and would love to. Concluding that the programme Ofcom fines Russian news. didn t cause unfairness to Hamilton service 200 000 for a. Ofcom said The Sun s statement was,enough for viewers to understand.
serious breach, both parties position including n Ofcom has fined RT formerly. that The Sun had said it was not Russia Today 200 000 as a result. contacted by Edmonds before of multiple breaches of the Ofcom. ITV S NOEL EDMONDS REPORT NOT UNFAIR, publication Ofcom also found it Code relating to impartiality. 10 zoom in Autumn 2019,love islanders,cheat sheet to declaring ads. on social media,You don t have to graft to get to grips with the. key advertising rules in life after the villa, We don t want to get all Factor 50 on you so we ve.
written an ABC cheat sheet to help celebs and,influencers stay loyal to their followers. AUTHENTICITY BRANDS, We know authenticity is key to engaging When a brand pays you to promote their. with your followers Part of that is letting products or services either with money. them know when you re advertising or with gifted stuff you re advertising. them something and your post needs to make that clear. BBC APOLOGISES FOR DOOLEY S COMMENT,CONTROL CODES,If you re paid for a post or you re posting. about a gift you received you must make These count too If you re. clear it s an ad If you don t the ASA will being rewarded for sales. The breaches occurred in seven shows including take action where a brand has controlled from a discount code or. affiliate link in a post you,your message, two hosted by George Galloway three current affairs need to say this is an ad. If only some of the links, shows and two news bulletins The breaches were or content relate to the.
promoted product you need, mostly in relation to major matters of political contro to make clear which parts. of the post are an ad, versy including reports on the poisoning of Sergei and. Yulia Skripal in Salisbury One report found to be in. breach saw George Galloway interview a researcher ENFORCEMENT. who presented the Salisbury poisoning as a plot to We and the CMA are active in ensuring. transparency If it s covered, punish Russia by the ASA other rules apply to things. RT has denied the breaches and has launched legal,like alcohol gambling slimming products. or any items offering health benefits,For example you re not allowed to.
Don t just assume your,advertise slimming products to. judicial review proceeding against Ofcom s ruling under 18s Make sure you re working. followers know when you re,advertising something,with a brand who knows the rules. They re not mind readers,Spell it out clearly,ASA Love Island tweeters given. cheat sheet Gifted products and,freebies count as,payment in kind. n The UK advertising watchdog has created a cheat sheet If your post features. a freebie you ve, that will help former contestants on reality shows such as been given to.
promote to your, Love Island to navigate social media advertising rules These followers you need. to label your post, new celebrities can earn thousands of pounds per spon. sored tweet or Instagram post The Advertising Standards. If you re using a hashtag, Authority s at a glance checklist reproduced here with make sure it s clearly. visible upfront don t hide, kind permission of the ASA is designed to stop them from it away Doing that will ensure. that you re being true to yourself, falling foul of a regulatory investigation as per the guide and your followers.
Don t take the chance, lines set by the ASA s regulatory arm the Committee for of getting the ASA aggy. If in any doubt add ad, Advertising Practice brands and influencers have a respon For more information about advert advertisement. declaring ads on social media It is what it is, sibility to ensure consumers are made aware that content is please visit asa org uk influencers. sponsored before they engage with it,zoom in Autumn 2019 11. DEFAMATION,ruling on the law has now effectively, The law of defamation protects the reputation of individuals and moved the goalposts back to where they.
companies Statements are defamatory if they adversely affect a were positioned by Mr Justice Warby. by approving his approach to assessing, person s or company s reputation in the eyes of reasonable people A. harm and thus the need for claimants, person or company can sue over defamatory statements in England and where it is disputed to prove this by. Wales if they cause or are likely to cause serious harm to the person or means of evidence. in the case of companies cause or are likely to cause serious financial In cases where serious allegations are. loss Journalists indeed all those publishing content need to be published by the mass media it is likely. aware of the law and confident that what they are publishing is either that there will be a very strong inference. of harm available but the ruling intro, not defamatory or if it is that they can avail themselves of one of the. duces the prospect of there now being, defences to defamation frequent preliminary trials at which the. court is asked to rule on this issue,The decision will be widely seen as.
Supreme Court gives new test as meaning that in each case a positive one for the media since it. landmark judgment on, it was necessary to prove as a matter of emphasises that the law has decisively. fact on the balance of probabilities that changed in favour of freedom of expres. serious harm serious harm had been caused or was sion following the introduction of the. likely to be caused by the publication new legislation. n The Supreme Court has given its complained of, long awaited judgment in Lachaux On the basis of the scale of the. v Independent Print Ltd a publications the fact that FreeBritney blogger sued. case that has explored the they had or were likely to by Britney s father. nature of the serious Claimants come to the attention. harm test found in of people who knew n Britney Spears father and conser. the Defamation Act must the claimant in this vator Jamie Spears is suing a blogger. 2013 It decided demonstrate as a country and the over claims the conservatorship is. that claimants seriousness of the controlling Britney against her will and. must demonstrate fact that the harm statements them acting against her best interests The. as a fact that the caused to them by selves he found defendant Anthony Elia who runs the. harm caused to that Lachaux s repu Absolute Britney blog and social media. them by publication, publication was tation had suffered accounts is said to be a key figure in the. was serious serious serious harm FreeBritney movement. Mr Lachaux and The newspaper defend The allegations centred on Britney. his ex wife Afsana had been ants appealed to the Court of Spears Instagram account which has. engaged in a custody battle in the UAE Appeal which agreed with the outcome over 22 million followers Elia alleged. where he lived he had originally sued but did not accept the judge s that the conservatorship was. over allegations published in the UK analysis of the serious harm manipulating her account to. media which were said to have been test and focused more on The make it seem as though. made against him by her including of inference saying that Britney were in worse. domestic abuse the primary question defendant health than she in. Section 1 1 of the Defamation Act was whether the alle is said to be a fact is He claimed. 2013 introduced a new test to this area gation was seriously positive comments. of the law providing that a statement defamatory key figure in the had been removed. is not defamatory unless its publication Independent FreeBritney commenting This. has caused or is likely to cause serious Print Ltd then has to be human. harm to the reputation of the claimant appealed to the Supreme movement rights violation sic. There was a trial of a preliminary Court which agreed with The conservatorship has. issue as to whether or not Lachaux had both Mr Justice Warby and denied deleting comments. suffered serious harm to his reputation the Court of Appeal as to the outcome The lawsuit states It is time for. for the purpose of the Act on the facts of the case the conspiracy theories about Britney. Mr Justice Warby interpreted the However the Supreme Court s Spears well being and the mob. 12 zoom in Autumn 2019,Kathy Hutchins Shutterstock com. THE FATHER OF SINGER BRITNEY,SPEARS IS SUING A FAN BLOG FOR.
DEFAMATION SEE OPPOSITE,zoom in Autumn 2019 13,DEFAMATION. FreeBritney movement to stop The,conservatorship is seeking damages and. an injunction,A conservatorship is a type of guard. ianship that can be imposed in the USA,when an individual is unable to look. after their own affairs It was put in,place 11 years ago after Spears public.
struggle with her mental health when,she was photographed having shaved. her head It remains in place to this day,It is reported that Jamie Spears. has received death threats in recent,weeks In April Britney Spears took. to Instagram to address some of,the rumours saying My situation. is unique but I promise I m doing,what s best at this moment.
Mitch Gunn Shutterstock com,Elia commented I am forever. blessed and I have faith that good always,wins I have no further comments. except that I love Britney and the,Britney army,This is not the first lawsuit brought. by Britney s conservatorship In June,it obtained a restraining order against. STOKES CLEARED,Britney s former manager Sam Lufti, The five year order prohibits Lufti from The article reported the outcome The answer was that it did not.
contacting Britney or her family or of a criminal trial at the Old Bailey in The court considered the effect of. making disparaging comments online which the claimant along with another the principles that apply to reading. man was charged with driving offences defamatory headlines in their context. in relation to an accident that had derived from the well known case of. Court rules on meaning in resulted in the death of a young woman Charleston v News Group Newspapers. police libel claim and serious injury to a child Ltd in which an article referring to. It went on to say that while both two characters in the TV series Neigh. n An article published by the Metro men had faced a charge of causing bours was headlined Strewth What s. politan Police on their website about death by dangerous driving as well as Harold up to with our Madge and. the outcome of a criminal trial one of causing serious injury by featured what appeared to be photo. did not mean that the dangerous driving it was graphs of one having sex with the. claimant had been The the other man who other Later in the article it was made. found guilty by a had been convicted clear that Harold and Madge s faces. jury of unlaw, court found of those offences had been added to porn actors bodies. fully killing a that an allegation while the claimant in a scene from a game. woman a court had been This decision is a striking example. that a professional acquitted of both of how those principles work in practice. A defama is negligent in one those charges and with the court holding that although. tion claim was,brought by,instance can cause instead convicted. of careless driving,there was an inconsistency between the. headline and the text there was when, William Spicer harm to a person s The main issue the article was read as a whole no reason. over an article reputation resolved by the for the reader to conclude that the. published by the Met court was whether the claimant was convicted of causing death. on 26 January 2017 which headline encapsulated the or serious injury carelessly or at all. was headlined Two guilty of meaning of the article when it was Headlines or other peripheral parts. killing a woman while racing their cars read as a whole of publications such as trailers are often. 14 zoom in Autumn 2019, created by those who were not respon ably suspected of being professionally While Morgan had been involved in the.
sible for the main content This decision negligent when deciding who should case at an early stage she was the first. shows that a headline that goes further be prosecuted and the preferred charges Junior Treasury Counsel at the relevant. than the text or is not consistent with in the case time The Times had published a correc. it is not necessarily fatal in relation The Times had argued that the tion to this effect the day after the article. to defamatory meaning which always article was not defamatory as it only was published Stokes was acquitted of. needs to be determined by assessing the related to one particular incident affray in 2018 after the jury deliberated. publication as a whole and did not allege negligence or for two and a half hours He was part of. incompetence generally The court the England cricket squad that recently. rejected this argument finding that won the 2019 Cricket World Cup. Times article on Ben an allegation that a professional. Stokes prosecutor was is negligent in one instance can. defamatory cause harm to a person s reputation France Michael Jackson. and therefore be defamatory The fans sue singer s accusers. n A court has found that a Times article judge said I do not accept that the. Senior Prosecutor under fire after hypothetical reasonable reader would n Three French Michael Jackson fan. Stokes is cleared of affray was defama understand the article to have a more clubs are suing the two men who. tory of prosecutor Alison Morgan QC limited meaning eg that accused Jackson of sexually. The article related to the prosecution of the claimant may have abusing them in the. England cricketer Ben Stokes for affray made an excusable Always documentary Leaving. following an incident outside a Bristol mistake or error of Neverland The fan. nightclub in 2017 It alleged that judgment The obtain local clubs The Michael. Morgan was responsible for the decision court further found legal advice in any Jackson Commu. to charge Stokes with affray rather than that the article had nity the MJ Street. assault which could have resulted in a tendency to cause country in which you and On the Line. a much longer sentence and not to serious harm to propose to show a are suing James. charge another England cricketer Alex Morgan s reputation Safechuck and Wade. Hayes at all in relation to the incident In fact the Crown programme Robson for defamation. The court found that the article was Prosecution Service not in Orl ans France This. defamatory of Morgan because it bore Morgan made the charging is possible because unlike in. the meaning that she had been reason decisions in relation to Stokes and Hayes the UK and the USA the protection. of defamation laws in France extends,after a person s death The King of. Pop died in 2009 aged 50,HBO s Leaving Neverland was shown. in France on the M6 channel In the,documentary Safechuck and Robson. allege that Jackson abused them as boys,in the 1990s. The fan clubs lawyer described the,allegations as resembling a genuine.
lynching The fan clubs are seeking,symbolic damages of 1 each Judgment. is expected in October The proceedings,have been welcomed by Jackson s estate. Vicki L Miller Shutterstock com,who deny the allegations made in the. documentary,While a lawsuit seeking to defend,a dead person s reputation would not. be possible here this case is note,worthy as it reminds producers to.
always obtain local legal advice in any,country in which you propose to show a. JACKSON ACCUSED,programme as laws do differ,zoom in Autumn 2019 15.

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