Take 10: 23 October 2026

Welcome to RPC's Take 10 newsletter, bringing you the latest updates in media and communications law, including key legislative developments, relevant news and the latest cases. If you have any questions on any of the content covered in this edition, please reach out to a member of the team.

"Well-known individual" seeking injunction on ECHR Articles 2 and 3 grounds granted anonymity 

In PPT v Independent Television News Ltd & Guardian News & Media Ltd [2026] EWHC 2560 (KB), Mr Justice Nicklin held that a claimant seeking an injunction to prevent two media investigations publishing allegations of misconduct against him will remain anonymous, but refused to extend that anonymity to the media defendants.  Strikingly, in seeking the injunction the Claimant is arguing that publication would breach his rights under Articles 2 and 3 of the ECHR (the right to life and prohibition against torture), relying on medical evidence that publication would expose him to a real and immediate risk of serious harm or death by suicide.  Mr Justice Nicklin held that anonymity was strictly necessary as public identification of the Claimant would risk undermining the effective determination of the claim, but he did not make an order for anonymity over the Defendants which was sought solely on Article 8 grounds.  The trial is listed for 27 and 28 October 2026.  

TPI on Google Review held after Defence and Reply 

The High Court heard a trial of preliminary issues regarding two one-star Google reviews critical of Paul Little Construction Limited following building works at the Defendant's property. Unusually, the TPI was held after a Defence and Reply had been filed.  The Defendant had initially requested paper determination, which the Claimant opposed. The Court ordered a hearing, by which time the Defence and Reply had already been filed, leaving open the question in Hewson v Times Newspapers Ltd [2019] as to whether the Court can direct a paper determination of preliminary issues in a libel claim without both parties' agreement. Mr Justice Eardley remarked in his judgment that it was 'somewhat dispiriting to see litigation of this sort in the High Court' and that 'most businesses feel able to mitigate the effects of reviews they perceive to be unfair or inaccurate without resorting to litigation'.

ECHR rights violated after journalist removed from Court  

In Duff and BBC Scotland v the United Kingdom, the European Court of Human Rights (ECtHR) found that a Sheriff's order to close a hearing in the Aberdeen Sheriff Court violated Articles 10 and 13 of the European Convention on Human Rights. The Sheriff had closed the court by request of one of the parties, excluding a BBC Scotland journalist from witnessing court proceedings without first providing an effective chance to challenge the order. The ECtHR held that the sheriff breached Article 10 ECHR by closing proceedings without properly examining whether there were exceptional grounds to keep the media out. It also found a breach of Article 13, as a potential judicial review of that decision would not have offered the applicant any effective remedy, because they would not have been able to make submissions and obtain a ruling before the hearing took place.

Libel Claim at Risk: Paul Currie Given 14 Days to Pay Costs or Face Strike-Out

Comedian Paul Currie's libel claim will be struck out unless he complies with an outstanding Court of Appeal costs order.  Currie is suing Soho Theatre over a statement it made following an incident at one of Currie's shows.  Currie unsuccessfully appealed the High Court's judgment on meaning, and the Court of Appeal ordered him to pay £15,922 on account within 14 days, despite his submission that the costs of an appeal on meaning should be costs in the case.  Currie failed to make payment and argued that he did not have the financial means to do so, but the High Court has ordered that unless payment of the order, along with a further £15,000 for the Defendant's costs of the application, is made by 26 October the claim will be struck out.  RPC acts for Soho Theatre.

Met Police Hit by ICO Action After “Weak Privacy Controls” on Third Party Platform

The ICO has taken action against the Metropolitan Police after officers used Auror, a third-party intelligence platform with weak privacy controls, without formal sign-off. The Met used Auror from March 2023 to September 2024 and around 500 user accounts were created. The ICO found that between January and September 2024, data on 179 individuals (including three under 18) were uploaded, including names and dates of birth and, in some cases, home addresses. The Met's failings included missing governance, inadequate technical and organisational safeguards, and lack of data protection impact assessments. The Met accepted the ICO's findings and paused Auror in September 2024.  It was relaunched it in January 2026 with tighter oversight, training and contractual protections.

Sky High Scrutiny: £1.6bn ITV Acquisition Faces Possible Intervention

Culture Secretary Lisa Nandy may step in over Sky’s £1.6bn acquisition of ITV’s Media Entertainment business, citing potential risks to plurality of views in media and freedom of expression. She is also weighing intervention on a new public‑interest ground focused on maintaining a broad range of programming on streaming services, something current merger rules do not cover. If Nandy proceeds, she announced she will legislate to amend s.58 Enterprise Act to extend the existing broadcasting test to on‑demand. Sky and ITV had until 20 October 2026 to respond. A formal intervention would trigger Ofcom’s public‑interest review and the Competition and Markets Authority's scrutiny on competition. Sky and ITV say the tie‑up strengthens UK media, and contains commitments to protect ITV’s identity and distinct editorial voices.

Ofcom Investigation into Channel 5 Drama 

Ofcom has announced its investigation into Channel 5's drama 'Power: the Downfall Of Huw Edwards', which focused on his fall from grace. Prior to the airing of the drama, Edwards released a statement claiming that Channel 5 made no attempt to verify the stories. The investigation will focus on Ofcom's codes under Fairness and Privacy following Edwards' complaint to the regulator. Channel 5 has stated that it "stand[s] by the programme and will be robustly defending this complaint".

Judge Orders Teen’s Anonymity to Protect Rehabilitation 

The Hove Crown Court has determined that a teenager handed a life sentence will not be publicly identified until he turns 18. The teenager has been found guilty following the murder of a 16-year-old boy over a £20 cannabis debt. Mr Justice Bourne KC said the decision reflected the importance of rehabilitating a young offender after conviction, noting that identification could undermine rehabilitation efforts, the defendant’s welfare, and the wider public interest in “optimising the rehabilitation of a child offender."

Trump ordered to be deposed this year in $10 billion libel claim against BBC

Donald Trump has been ordered to sit for a deposition under oath by 11 December 2026 or face having his libel action against the BBC in Florida thrown out.  The BBC's lawyer claims that the parties had agreed the Deposition was agreed for 16 October, but that Trump cancelled it due to a 'matter of national importance', which he said was actually campaigning in Georgia.  

Quote of the fortnight

"This Court sees a steady trickle of libel claims such as this but they can only represent the smallest minority of instances where customers post negative reviews about businesses online. That suggests that most businesses feel able to mitigate the effects of reviews they perceive to be unfair or inaccurate without resorting to litigation, for example by posting responses which rebut the criticisms or put them in context… it is somewhat dispiriting to see litigation of this sort in the High Court, which will doubtless generate significant legal costs that someone will have to pay."

Mr Justice Eardley in Paul Little Construction Ltd v Byrne [2026] EWHC 2577 (KB)