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Take 10 - December 2022

Published on 22 Dec 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate and Niamh Greene, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

The Model Anti-SLAPP Law: an overview

Published on 25 Nov 2022. By Mafruhdha Miah, Senior Associate

Following the Government's response to the SLAPP consultation in the summer, the UK Anti-SLAPP coalition (a working group that includes English PEN, the Foreign Policy Centre and Index on Censorship, "the Coalition") has this week published a model Anti-SLAPP law, which has been endorsed by a collection of free speech and anti-corruption organisations, journalists, editors and lawyers.

Take 10 - November 2022

Published on 23 Nov 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate and Niamh Greene, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - 21 October 2022

Published on 24 Oct 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - 7 October 2022

Published on 10 Oct 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - September 2022

Published on 16 Sep 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - August 2022

Published on 01 Aug 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - July 2022

Published on 08 Jul 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - June 2022

Published on 17 Jun 2022. By Keith Mathieson, Partner

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - 20 May 2022

Published on 23 May 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Take 10 - May 2022

Published on 09 May 2022. By Keith Mathieson, Partner

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

Interim injunctions and competing public interests (Attorney General v BBC)

Published on 22 Apr 2022. By Mafruhdha Miah, Senior Associate

In Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB), an interim injunction has been granted in favour of the Attorney General (AG) to restrain the BBC from broadcasting the identity and image of an alleged covert human intelligence source for MI5 (known only as ‘X’) who is accused of being abusive to two former partners and using his position with MI5 to terrorise and control one of the women. The injunction was granted on the basis that, while it "represented a very significant interference with the right of the BBC to freedom of expression and the correlative right of the public to receive the information the BBC wishes to publish" [23], such a measure was necessary in order to prevent a real and immediate risk to X’s life or safety, as well as the potential wider impact of publication on national security.

Take 10 #21

Published on 12 Apr 2022. By Keith Mathieson, Partner

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #20

Published on 24 Feb 2022.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #19

Published on 10 Nov 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #18

Published on 10 Oct 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #17

Published on 10 Sep 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #16

Published on 18 Jul 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #15

Published on 20 Jun 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #14

Published on 20 May 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #13

Published on 07 May 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #11

Published on 18 Feb 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #12

Published on 04 Feb 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #10

Published on 22 Jan 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #9

Published on 08 Jan 2021.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #8

Published on 24 Dec 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #7

Published on 04 Dec 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #6

Published on 20 Nov 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #5

Published on 30 Oct 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #4

Published on 16 Oct 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #3

Published on 28 Sep 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #2

Published on 30 Jun 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Take 10 #1

Published on 30 Jun 2020.

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

Media & Entertainment

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Contract formation: use of emoji showed objective intention to enter into contract

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

Is the use of a “thumbs up” emoji sufficient to convey acceptance when forming general commercial contracts?

Supreme Court determines that the parties’ common intention decides whether a contract is varied or replaced

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How will a court determine whether a contract has been varied or replaced?

Variation of contract by email valid without expressly referring to exercise of contractual right

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How will a court determine the formality requirements for a valid contract variation?

Court of Appeal confirms financial claim caught by clause excluding liability for loss of anticipated profits

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How did the Court of Appeal approach the construction of an exclusion clause to determine whether the Claimant’s financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?

Green claims update

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The CMA has recently consulted on draft guidance to help businesses comply with the revamped consumer protection rules under the Digital Markets, Competition and Consumers Act 2024. The guidance summarises key changes including broader definitions of “commercial practices” and “misleading actions” making it easier to enforce against misleading green claims.

UK advertising codes to be amended to reflect new DMCCA

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What are the proposed key amendments to the CAP and BCAP Codes to align with the Digital Markets, Competition and Consumers Act 2024?

ASA gets tougher on brand advertising for “less healthy” food and drink products

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does CAP and BCAP’s new “identifiability test” mean for the advertising of “less healthy” food and drink (LHF) products?

Harmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?

Agreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Partner

Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?

Influencer posts and affiliate links: the whole marketing chain must know the rules

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?

Construing material adverse effect/material adverse change clauses

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Partner

How did the courts go about construing a material adverse effect definition (MAE) in a share purchase agreement (SPA) to determine whether an event constituted a MAE so as to discharge the buyers from their obligation to close the transaction?

Travel agent found to have misled consumers with “from” price claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can advertisers avoid misleading consumers when using “from” price claims?

Reasonable notice termination not construed or implied into a contract with detailed termination provisions

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Partner

Where a contract contains comprehensive termination provisions, in what circumstances will the court avoid construing or implying an additional right to terminate on reasonable notice?