Media Law & Defamation

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Doughty Street's Media and Defamation Team goes from strength to strength. The team offers considerable experience in all aspects of media and defamation work at both silk and junior level. This includes confidentiality, contempt, copyright, data protection, defamation, elections, freedom of assembly, harassment, internet publication, obscenity and blasphemy, privacy, protection of journalists' sources, regulation of the media, reporting restrictions, special procedure material and televising courts and inquiries. This expertise is complemented by team members' knowledge and experience in other areas of human rights work including public law and criminal defence.

Members of the team act for both claimants and defendants in defamation and breach of confidence/privacy cases. Cases include the application to the European Court in Steel v UK (McLibel) and appeal to the Court of Appeal in Yousef Jameel v Dow Jones, which both involved successful challenges to fundamental rules of libel law. Other cases tackle issues of internet and foreign publications, and the continuing development of the defence of qualified privilege. Team members regularly give pre-publication advice to national and international newspapers and magazines, publishers and broadcasters.

The team continues to act in many leading cases on contempt in domestic courts and in Europe. Team members acted in the UK courts at all stages and in the European Court of Human Rights in Goodwin (disclosure of journalistic source), in the Ian Brady case and Mersey Care NHS Trust v Ackroyd (disclosure of journalistic source), as well as for journalists called to give evidence before the Bloody Sunday Inquiry.

The team's copyright work includes the relationship of the 'fair comment' and public interest defences with human rights law (Ashdown v Daily Telegraph) and ownership of the copyright in the works of Aleister Crowley.

We frequently act on behalf of newspapers and broadcasters opposing reporting restrictions in both courts and tribunals, such as employment and disciplinary tribunals.

In Re S we successfully resisted Family Court reporting restrictions of a criminal trial and in Independent Publishing Company Ltd v Attorney-General of Trinidad and Tobago established that there were no common law powers to impose reporting restrictions. In addition, team members have been at the forefront of attempts to secure the broadcasting of courts and public inquiries, including the Shipman, Climbié and Hutton inquiries.

Members of the team have acted in several media judicial review cases including challenges to decisions of the Press Complaints Commission, the Police Complaints Authority, the Advertising Standards Authority and the BBC, for example, the challenge to the BBC's allocation of party election broadcasts (R v BBC ex parte the Referendum Party). Advice is often given on regulatory authorities including the Press Complaints Commission, the Broadcasting Standards Commission and the British Board of Film Classification.

Team members have appeared at all levels of the justice system with experience from tribunals to the House of Lords including jury advocacy in the Crown Court and civil courts. The team also has extensive experience of applications to, and appearances before, the European Court of Human Rights.

Members of the team are consulted by the Council of Europe, the European Commission of the EU and other international media bodies as experts on freedom of expression and, in that capacity, regularly lecture and advise on media law in Eastern Europe and elsewhere. Geoffrey Robertson QC and Andrew Nicol QC are the authors of the leading textbook Media Law (4th edition, 2002, Sweet & Maxwell and Penguin) and Andrew Nicol QC and Gavin Millar QC co-authored Media Law and Human Rights (2001, Blackstone Press Ltd).

Our civil and criminal clerks have extensive knowledge and experience of courts and tribunal administration including listing emergency applications. The team aims to provide regular seminars on aspects of media law and welcomes requests for in-house training.

Team Members

Cases

Recent cases include:

Worme v Commissioner of Police [2004] 2 WLR 1044 (PC) - criminal libel

Independent Publishing Company Ltd v A-G of Trinidad and Tobago (PC) [2004] 101(26) LSG 27; Times, June 24, 2004 - absence of common law powers to impose reporting restrictions.

Jameel v Wall Street Journal Europe [2004] EMLR 6 (CA) - libel, hearsay statements.

Harrods Ltd v Dow Jones and Co Inc [2003] - libel, forum.

Mersey Care NHSTrust v Ackroyd [2003] Lloyd's Rep Med 379 - journalistic sources.

A v UK [2003] 13 BHRC 623 - parliamentary privilege.

R v Ipswich Crown Court, ex parte NTL [2002] 3 WLR 1173 - special procedure material.

Ashdown v Telegraph Group Ltd [2002] Ch 149 (CA) - copyright and freedom of expression.

R v Shayler [2002] 2 WLR 754 (HL) - official secrets, public interest defence.

Briffet v CPS [2002] EMLR 12 - reporting restrictions.

R v PCC, ex parte Anna Ford [2002] EMLR 5 - judicial review of the PCC.

Thomas v News Group Newspapers [2002] EMLR 4 - harassment and the media.

Kiam v MGN Ltd [2002] 3 WLR 1036 (CA) - libel damages.

Observer Publications Ltd v Matthew and others (PC) [LTL 27.3.01]

Gaddafi v Telegraph Group Ltd (27.700) [LTL 22.8.00] - libel - strike out.

Steel v UK - libel

Chada v Dow Jones and Co Inc [1999] EMLR 724

AG v Guardian Newspapers [1999] EMLR 904 - contempt of court.

DPP v Jones [1999] 2 WLR 625 - freedom of assembly.

R v BBC, ex parte The Referendum Party (DC) [LTL 24.4.97] - election broadcasting.

Goodwin v UK [1996] 22 ECHR 123 - journalistic sources.

X Ltd v Morgan Grampian (Publishers) Ltd [1999] 2 WLR 2002 (HL) - journalistic sources.

Wingrove v UK - blasphemy/obscenity

Last updated November 2005.

What the Directories say

Chambers and Partners, 2010

Clients of this set appreciate the breadth of its abilities: "It brings an added dimension to the defamation and privacy work because of its broader experience." The media and defamation team is able to provide advice and representation across a wide range of issues, acting for both claimants and defendants domestically and in European courts. The set has recently lost Andrew Nicol QC to the Bench, but it continues to house a number of talented and highly sought-after practitioners, such as Gavin Millar QC, who is "an innovative thinker and a polished performer on his feet" before the court. "If people have a difficult point that they want a careful answer on, he's someone that they trust." He represented the News of the World in the privacy action brought by Max Mosley, and also acted for the Guardian in libel proceedings brought by Elton John. A "colossus of the libel field," Heather Rogers QC "understands media issues inside out and backwards and is able to take both an analytical and an academic approach to all matters." Clients know that "she is totally reliable, as regards both her advice and the quality of her advocacy." Her media law practice covers a range of matters from defamation and privacy to reporting restrictions, freedom of information and judicial reviews. She continues to defend Times Newspapers against the ongoing libel action being brought by Lance Armstrong. Anthony Hudson "brings insight and a sound strategic viewpoint as well as knowledge of the law and careful pleading." In particular, clients identify "his advocacy skills as his standout feature," as well as his "innate ability to see the overall picture extremely well." In addition to acting in numerous defamation and privacy cases for clients including News Group, Mirror Group and Associated Newspapers, he is also able to provide expertise on reporting restriction matters. Guy Vassall-Adams is "exceptionally helpful and responsive - he works collaboratively and offers impressive, creative solutions." Of late, he has been involved in a number of high-profile judicial reviews involving the media. By way of example, he acted for a former MI5 officer in a judicial review of the service's decision to prevent the officer's memoirs from being published.

Chambers & Partners, 2009

Clients admire the "assiduousness and devotion" of the barristers at Doughty Street Chambers. "Without a shadow of a doubt one of the key sets for up-to-date legal advice in the libel field," it offers "down-to-earth, honest and common-sense advice." Its specialists offer expertise in all facets of the law at both silk and junior level, with the team proving especially at home on issues regarding defamation, confidentiality, reporting restrictions, privacy, Internet publication, protection of journalists' sources and regulation of the media. On the defamation front, its barristers successfully used the Reynolds defence for Searchlight Magazine in Roberts v Gable, with the Court of Appeal upholding Eady J's judgment in favour of the defendants at first instance. The Court of Appeal's judgment is said to be currently the leading case on 'reportage'. The group has further continued to maintain its pre-eminent position on reporting restrictions and open justice with several appearances in the past year. The "incredibly sound" Gavin Millar QC is "extraordinarily good with clients, making them feel safe and relaxed." According to observers, his "ruthless efficiency, problem-solving skills and uncanny ability to speak common sense" make him attractive to all. He appeared for the media in ex parte Trinity Mirror Newspapers. Commentators acknowledge Andrew Nicol QC as "the go-to person for intricate contempt cases." He delivers on behalf of clients through his "hard work, enthusiasm and commitment." Nicol acted for national media organisations in challenging reporting restrictions on the Keogh and O'Connor Official Secrets trial Re Times Newspapers Ltd. The set is supported by what clients call "crème de la crème juniors." Amongst these is libel expertAnthony Hudson, who is "at the top for reporting restrictions in anybody's books," and Guy Vassall-Adams, who "has a really good head on his shoulders." He received tributes from interviewees for his "commitment and devotion to clients."

 

Legal 500, 2008

Defamation

At Doughty Street Chambers, Andrew Nicol QC is ' approachable, and sees the bigger picture', and has been active in privacy cases. Geoffrey Robertson QC and Anthony Hudson are described as ' really on the ball' and ' excellent value'. Both acted for Robert Brown in his application to obtain access to Princess Margaret's will. The highly regarded Gavin Millar QC and Guy Vassall-Adams successfully applied the Reynolds defence for Searchlight magazine in Roberts v Gable.

Media

At Doughty Street Chambers Geoffrey Robertson QC successfully acted for Rockstar Games Inc, makers of the video game Manhunt II, in its attempt to obtain an 18 classification. Andrew Nicol QC is well known for resisting reporting restrictions. ' The champion of free speech' Anthony Hudson and Guy Vassall-Adams, who acts for the BBC, are recommended.