Defamation, Privacy, Data: Shaping New Law into Solution-Focused Answers for Clients

Programme

1. 09:30

   Registration and coffee

2. 10:00

   Chair's Introduction

   Defamation, Privacy, Data: Shaping new law into solution-focused answers for clients

   Chaired by Nigel Tait of Carter-Ruck

   Nigel is a "legend in his own lifetime - there is no media attack he hasn’t encountered and neutralised." Clients include Sir Elton John, Simon Cowell and many others.

3. 10:10

   Public Interest Defence

   How far can you push the court over the Public Interest Defence, given the differing outcomes in Aaronson v Stones (2023) and Hay v Cresswell (2023), including the wider social media implications?

   Answered by Jonathan Price

   Jonathan acted in Lachaux v Independent Print and Serafin v Malkiewicz over publication on a matter of public interest. "He is brilliantly creative and intellectually first-rate.”

4. 10:45

   AI-Generated Content

   In data protection and privacy cases, how do you control - and overcome - the legal and practical challenges of voice/image/deep fakes created by AI, and how do you give clients an edge in disputes?

   Answered by Kirsten Sjøvoll of Matrix Chambers

   Kirsten is “intellectually brilliant” with an “incredible knowledge of case law”. She is the independent complaints adjudicator's editorial complaints officer for The Guardian & Observer.

5. 11:20

   Morning Coffee

6. 11:35

   Harassment Claims

   What is the latest judicial thinking on harassment claims in cases involving privacy and reputational issues? Does the Protection from Harassment Act 1997 add anything to such claims?

   Answered by Godwin Busuttil of 5RB

   Godwin represented Sir Cliff Richard and J.K. Rowling in their successful landmark privacy claims. “He is more than just technically brilliant”. He “has incredible legal instincts.”

7. 12:10

   Preliminary Issue Strategy

   How has the Blake & ors v Fox (2023) litigation changed existing thinking on which preliminary issues to apply for in media cases, such as "natural and ordinary meaning", and with what prospects of success?

   Answered by Sara Mansoori KC

   Sara acted for the claimant in the privacy and data protection claim ZXC v Bloomberg. "Her ability to get to the heart of the case and pre-empt the other side is superb."

8. 12:45

   Overrun

9. 13:00

   Lunch

10. 13:45

    Defining Serious Harm

    What - right now - amounts to 'serious harm' after the spate of recent cases, including (1) Mueen-Uddin v SSHD and (2) the relative situation of corporate bodies trading for profit?

    Answered by William Bennett KC

    William acted for Martin Lewis, the Money Saving Expert, in a groundbreaking claim against Facebook for the publication of adverts showing fake endorsements.

11. 14:20

    SLAPPs

    How do you effectively contend with and/or curtail “strategic lawsuits against public participation” as now legislated in the Economic Crime and Corporate Transparency Act?

    Answered by Lord Garnier KC

    Lord Garnier is the former Solicitor General and an accomplished media law barrister. "He is well sought after not least because of political experience but also his gravitas.”

12. 14:55

    3rd party hosts

    What are the critical success factors for compelling third-party hosts to take down websites that breach privacy/copyright or contain defamatory content, and pursue claims against persons unknown?

    Answered by Sarah Palin

    Sarah is "a real star of the junior media bar - great at thinking outside the box." She acted for Associated Newspapers at The Leveson Inquiry and for the BBC at The Hutton Inquiry.

13. 15:30

    Over-run

14. 16:00

    Close of conference