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:

• In re Guardian News and Media Ltd [2010] UKSC 1, [2010] 2 AC 697. Geoffrey Robertson QC and Anthony Hudson appeared in the first case in the UK Supreme Court, dealing with critical issues of "open justice". They successfully challenged anonymity orders.
  
  
• R(A) v B [2009] UKSC 12 [2010] 2 A.C. 1: Gavin Millar QC and Guy Vassall Adams appeared in this key freedom of expression case on behalf of a former MI5 officer who wishes to publish a book. The Supreme Court was concerned with the powers of the Investigatory Powers Tribunal to refuse permission to publish.
  
  
• In re British Broadcasting Corporation [2010] 1 AC 1452 HL Gavin Millar QC and Anthony Hudson, on behalf of the BBC, secured an important victory in challenging a reporting restriction order (which prevented publication of the name of the defendant in a criminal case). The House of Lords, in their last privacy/media case, acknowledged the vital role of the media.
  
  
• R (Binyam Mohamed) v Foreign Secretary [2010] 3 WLR 554 CA: Gavin Millar QC and Guy Vassall-Adams appeared on behalf of the national media (The Guardian, Times, Independent, BBC and PA) in a test case on open justice concerning publication of the High Court's findings about CIA torture.
  
  
• Michael Napier & Irwin Mitchell v Pressdram Ltd [2010] 1 WLR 934 CA. Heather Rogers QC and Anthony Hudson appeared on behalf of Private Eye in successfully resisting an application for an injunction preventing publication of what was alleged to be "confidential" information about the outcome of a complaint made against a solicitor by a former client.
  
  
• Independent News and Media v A [2010] 1 WLR 2262 Gavin Millar QC and Guy Vassall Adams appeared, on opposing sides, in a test case on media access to private hearings in the Court of Protection.
  
  
• Harper v Seaga [2009] 1 AC 1. Heather Rogers QC appeared on this Privy Council appeal (from Jamaica) on the availability of the Reynolds defence.
  
  
• Sir Elton John v. Guardian News & Media Limited [2008] EWHC 3066 (QBD) Gavin Millar QC and Anthony Hudson appeared for the defendant, which struck out a claim brought by Sir Elton. They persuaded the court that no reasonable reader of the article would have understood it as being defamatory of him.
  
  
• Her Majesty's Attorney General v Seckerson (1) Times Newspapers (2) [2009] EMLR 20. Gavin Millar QC and Anthony Hudson represented The Times in High Court proceedings for contempt of court for reporting comments of a juror in a Crown Court case which breached the confidentiality of the jury room.
  
  
• Karim v Newsquest [2009] EWHC 3205 (QB) : Guy Vassall Adams appeared for Newsquest Media Group, establishing an important defence to a defamation claim made in respect of postings on newspaper bulletin boards.
  
  
• Re Child X (Residence and Contact - Rights of media attendance - FPR Rule 10.28(4) [2009] EMLR 26. Gavin Millar QC represented the media in the guideline case on media rights of access to and to report on private court hearings (the case involved the child of a "celebrity").
  
  
• BKM Limited v BBC [2009] EWHC 3151 (Ch) Heather Rogers QC, for the BBC, resisted an application for an injunction to prevent the broadcast of "undercover filming" at a residential care home.
  
  
• Max Mosley v NGN [2008] EMLR 20 - Anthony Hudson appeared as junior counsel in this landmark "privacy" case. Mosley sued after the News of the World published articles and photographs in relation to his sado-masochistic sexual activities.
  
  
• Roberts v Gable [2008] QB 502 CA. Gavin Millar QC and Guy Vassall Adams appeared for the defendants in one of the very few cases to succeed on the basis of a 'Reynolds' defence, establishing that the report was neutral reportage.
  
  
• Mersey Care NHS Trust v Ackroyd [2008] EMLR 1. Gavin Millar QC and Anthony Hudson appeared in this landmark decision concerning the protection of journalists' sources.
  
  
• Jameel v Wall Street Journal [2006] UKHL 44, [2007] 1 AC 359. Geoffrey Robertson QC and Guy Vassall-Adams appeared for the defendants in revitalising the "Reynolds" defence, to provide better protection for reporting on matters of public interest.
  
  
• Jameel v Dow Jones [2005] QB 946 CA. Gavin Millar QC and Anthony Hudson established a new standard for striking out libel claims as an 'abuse' of process, based on human rights principles, providing vital protection for free speech.
  
• 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

What the Directories say

Chambers and Partners, 2011

Those that instruct Doughty Street appreciate the fact that this type of work is but one area of focus for the set, something which gives it a rounded approach. They also like the fact that "the whole ethos of the set is firmly built around a commitment to serve the client."

Heather Rogers QC recently moved from Matrix to join this set and has a stellar reputation in this field. She is incredibly popular amongst clients and peers, who highlight her ability to work well within a team and her fantastic attitude to work. One solicitor said of her: "She's fabulous on lots of levels - she pitches in a clear way, is strategically top-notch, and can deal with anything you throw at her." Recent work for Rogers includes acting for Private Eye in Michael Napier & Irwin Mitchell v Pressdram Ltd, resisting an application for an injunction to prevent supposedly confidential information from being published. She is fun to work with and hard-working, and a "very cerebral and measured advocate." Gavin Millar QC is "a charismatic advocate brimming with confidence." The majority of his media work centres around issues of free speech, and he recently advised the Guardian in a serious libel case brought by Jacob Zuma, the new President of South Africa, resulting from an article published during his election campaign. "Absolutely unflappable and excellent in a crisis," Millar is "a good choice for hard-hitting cases, or anything with serious political connotations." "Use him if you need a really big gun," say solicitors.

Anthony Hudson is "an outstandingly bright junior who can look at a very thorny issue and come to a pragmatic answer quickly." He focuses on media matters and is particularly interested in freedom of expression and privacy issues. Solicitors say of him: "He's a tough cookie who doesn't allow his opponents to get away with anything, yet he always maintains a pleasant manner and is never unnecessarily confrontational." The majority of his work is defendant-related, although he does also act for claimants. Examples of his work include representing News Group Newspapers on several defamation and privacy matters, including a libel claim brought by Craig Bellamy and a privacy claim brought by Max Clifford. Guy Vassall-Adams has a primarily defendant-based defamation practice. He acts for several national broadsheet newspapers and broadcasters, such as Guardian News & Media, Times Newspapers, Independent News & Media, ITN and the BBC. He is well versed in Internet libel and recently represented Newsquest Media Group in the Imran Karim v Newsquest Media Group case.

 

 

Legal 500, 2011

Defamation and privacy

Doughty Street Chambers is, by common consent, 'on the rise'; solicitor clients find the set 'hungry and impressive'. The clerks are 'switched on', 'dedicated' and 'flexible'. Gavin Millar QC is 'frighteningly bright', 'thorough' and 'politically aware'; Heather Rogers QC has 'great judgement' is 'extraordinarily hardworking' and remains 'approachable'. Antony Hudson 'has made his way up through the ranks' and is 'really bright'. The 'first-rate' Guy Vassall-Adams is also recommended.

Media, entertainment and sport

At the 'excellent-value-for-money' Doughty Street Chambers, Guy Vassall-Adams acted for the national media in R (Binyam Mohamed) v Foreign Secretary, concerning the publication of the High Court's findings about CIA torture. 'Fantastic advocate' Gavin Millar QC led the case in the Court of Appeal. Millar also led Vassall-Adams in the Child X test case on media access to the family courts. The 'user-friendly and hardworking' Heather Rogers QC and Anthony Hudson successfully represented Private Eye.

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."