Take 10 - 30 May 2025

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

RPC's Media and Communications law update

"Article 10.1: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."

A case of mistaken identities – Afghan man loses libel claim against the Guardian

Mr Justice Johnson struck out Safiullah Ahmadi's libel claim against the Guardian after the newspaper had published an article titled 'Gay Afghan student 'murdered by Taliban' as anti-LGBTQ+ violence rises' with the Mr Ahmadi's photo on its website, despite the article concerning another man. Mr Ahmadi, an Afghan national living in Kabul, sought damages of over £100,000 after asserting that the article had caused him "irreversible harm" which forced him into hiding from the Taliban particularly due to the prevalence of "extremist and homophobic views" in Afghanistan. However, the court held that Mr Ahmadi's photo "is not arguably a sufficient basis" for defamation as "a reasonable reader, acquainted with the claimant, would not, after reading the full article, conclude that the article referred to the claimant or that it meant that the claimant was gay or that he had a relationship with a man". Furthermore, such a reader would know that several facts stated in the article about the actual murder victim do not relate to the claimant including but not limited to the victim's name, profession, and that the victim is dead whilst the claimant is very much alive.

As the publication was not defamatory, Mr Ahmadi's claim of serious harm was also rejected although it was noted that the particulars of serious harm he did provide pertain to "subjective fears on his part" as opposed to actual evidence that he had or is likely to suffer serious harm to his reputation due to the publication of the article in the UK.  Mr Justice Johnson further noted that the suggestion that a person is gay or in a same-sex relationship is not defamatory.

Solicitor not guilty of a SLAPP but fined £50,000

The Solicitors Disciplinary Tribunal (SDT) has handed down its written judgment relating to allegations that an Osborne Clarke partner had misused without prejudice correspondence in a defamation claim where he represented former Chancellor of the Exchequer Nadim Zahawi. The decision to find the solicitor in breach and issue a fine was announced last December, but the written reasons have taken until now to be published. The SRA had argued that the solicitor had improperly labelled an email and letter as 'without prejudice' in a bid to prevent, Dan Neidle (a former Partner at Clifford Chance) from republishing or discussing the letter with third parties by otherwise implicitly threatening adverse consequences. The SRA submitted that the solicitor had therefore failed to act with integrity and uphold public trust and confidence in the legal profession. At a hearing before the SDT in December 2024, it was also considered whether the communications amounted to a SLAPP. However, the SDT held that although the use of the 'without prejudice' label when there was not a genuine attempt to settle the dispute was inappropriate and breached the SRA Principles 2019, the communications did not amount to a SLAPP because: (1) the solicitor was not motivated by any improper intent; (2) he sent the correspondence to seek a swift retraction of the allegations against his client and to protect a potential defamation claim; (3) the conduct was not premeditated or planned as it took place in a fast-moving, urgent situation where the solicitor was under considerable time pressure; and (4) the correspondence pre-dated the SRA's warning notices against SLAPPs published in 2022 and 2024. Nevertheless, the SDT found that his actions still amounted to misconduct and accordingly fined him £50,000 and ordered him to pay costs of £260,000.

Media law reforms to boost press sustainability and protect independence

The Department for Culture, Media and Sport has introduced new government regulations regarding media mergers to ensure the public's access to independent and accurate news. The framework aims to modernise investment and growth, extending oversight to include online news outlets and magazines in addition to traditional media. The Culture Secretary has announced reforms that will broaden the scope of merger scrutiny to include UK online news publications and periodical news magazines for the first time. This change reflects current trends in how people access news, with Ofcom reporting that seven in ten UK adults consume news online.

The revised rules are intended to allow closer examination of mergers and acquisitions that could negatively affect factors such as the accuracy of news reporting, media plurality and freedom of expression. In addition, the government is proposing specific exemptions that would allow certain state-owned investment funds (such as sovereign wealth or pension funds) to invest up to 15% in UK newspapers and publications. DCMS states that the goal is to enable these organisations to access investment opportunities while maintaining limits designed to reduce the risk of foreign state influence over UK media outlets.

The European Union's Proposals to Amend the GDPR and the Experts that Oppose the Changes

On 21 May 2025, the EU published its proposal to amend the GDPR to extend mitigating measures currently available for small and medium sized enterprises to small mid-cap enterprises. Currently, Article 30 of the GDPR requires that each controller and processor shall maintain a record of processing activities, but SMEs and organisations with fewer than 250 employees are exempt, provided certain conditions are satisfied. If the proposal is implemented, mandatory record-keeping would only be required when processing activities are likely to result in a high risk to data subjects' rights and freedoms. In addition, the scope of the derogation would be broadened to include SMCs and organisations with fewer than 750 employees. The proposals have been opposed by a group of civil society organisations, academics, companies, trade unions and experts who wrote an open letter on 19 May, who describe the GDPR as "the backbone of the EU's digital rulebook". They criticise the proposals as endangering "the accountability principle itself" and "erode the Regulation's original foundation as a rights-based instrument grounded in the recognition of personal data as a fundamental right".

US firm agrees to buy The Telegraph for $500 million

RedBird Capital Partners, the U.S. investment firm that bought The Telegraph in partnership with UAE-owned corporation IMI, will take control of the publication after concluding negotiations on a deal beginning nearly two years prior which values the enterprise at £500 million ($673 million). Ownership of the daily broadsheet has remained uncertain since the Abu Dhabi-backed RedBird IMI acquired both The Telegraph and The Spectator in 2023.

Following this, the UK government introduced measures to restrict foreign state investment in British newspapers, prompting a sale of the titles. RedBird Capital, which contributed a quarter of funding for the original transaction, is set to assume control as sole owner of the newspaper and is currently in discussions with select UK-based minority investors who have experience in print media. This development came after concerns were raised by some politicians regarding media independence and the potential for foreign state involvement to influence political discourse. The Telegraph has noted that no final agreements have been reached and that any ownership changes are subject to regulatory approval.

Impress publishes new guidance on the use of AI in newsrooms

Following a global review of AI policies and a six-week public consultation, independent press regulator Impress has released new guidance for journalists and publishers on the use of artificial intelligence in newsrooms. The guidance aims to clarify the opportunities, limitations, and precautions that journalists must bear in mind when using AI in news production. Although the guidance covers members of Impress, it is also designed to act as a framework for the wider adoption of AI in producing ethical journalism. Some of the key recommendations in the guidance include: using human editorial oversight before finalising content produced using AI; clearly labelling content created using AI; fact checking content produced by AI for accuracy; being mindful of potential copyright infringement when inputting data into AI tools; not using generative AI to depict real events and people; and not sharing personal identifiable information when inputting data into AI tools especially when sources need to remain confidential.

Warren vs Eubank Jr – score settled outside of court

After a trial of preliminary issue on meaning before Mr Justice Jay on 4 April 2025, boxing promoter Frank Warren has settled his defamation claim against boxer Chris Eubank Jr. The settlement follows a dispute over Mr Eubank Jr's defamatory and insulting comments at a Sky Sports broadcast press conference in September 2024 where he called Mr Warren a "scumbag" amongst other things. Although the boxer had retracted his comments and provided an apology soon after, Mr Warren proceeded with a claim. At the TPI hearing, Jay J found the meaning of the statement to be that Mr Warren had "over the past 20 years frequently been guilty of lying and cheating in his business dealings as a boxing promoter". However, following "strong urging" from the court to mediate the dispute instead of continuing to trial, a joint statement was delivered on 19 May which revealed that the proceedings had been "settled amicably" and that the parties will strive to maintain a "positive, professional relationship in the future". The terms of the settlement have not been disclosed.

Statement in Open Court after Home Office falsely reported that FP McCann had received a fine for illegally employing contractors

On 22 May 2025, FP McCann's lawyers delivered a Statement in Open Court at the High Court in Belfast regarding the settlement of the libel proceedings brought by the Northern Irish construction company and its directors. In March 2024, the Home Office published a press release about an immigration raid at a construction site, which included false and defamatory statements that FP McCann had been fined up to £225,000 for illegally employing five contractors at a mill site in North Wales. The claimants had not in fact been fined, but had been issued a civil penalty referral notice, pending review of evidence. The following month, a "no action notice" was issued, confirming that the company was not liable for the civil penalty. The apology was part of an Offer of Amends from the Home Office, which stated that "the Home Office accepts that FP McCann's contractors were lawfully entitled to work the site in North Wales". The Home Office published an apology on its website and agreed to pay damages and McCann's reasonable legal costs.

BBC presenter Stephen Nolan receives apology from businessman

Broadcaster Stephen Nolan has received an unreserved apology over a slew of social media posts accusing him of being "involved in sectarianism and of inciting hatred and violence in Belfast". Businessman Eddie Barrett, from Tralee in County Kerry, published the material on the platform X (formerly Twitter) between February and April in 2021. Mr Nolan brought defamation proceedings against him in the same year.

On 22 May 2025, Mr Nolan's counsel stated that a resolution had been reached between the parties. Furthermore, Mr Barrett's counsel read out an apology on his client's behalf at the High Court in Dublin. The lawyer said that his client's posts had been "completely misguided and reckless", adding that the content of the subject matter could be considered dangerous, potentially holding serious ramifications for Mr Nolan. The statement continued: "I apologise unreservedly to Mr Nolan for any hurt caused or harm done to his good name."

In a subsequent announcement, Mr Nolan vowed to take a stand against online trolls who "smear journalists by circulating malicious lies".

RPC @LondonTechWeek – 12 June 2025

Join us on 12 June as we uncover the opportunities, challenges, and innovative solutions shaping the tech industry, presented by an exceptional line-up of experts. We'll be covering everything from how businesses can harness AI ethically for competitive growth to how tech is being used within organisations to bridge generational divides and unlock innovation. We'll also be sharing and celebrating the stories of inspiring women in the sector and looking at how tech and the use of tech has changed over the last decade and what the future looks like in terms of tech use in the media & entertainment, retail & consumer and other industries. Find out more and register your place here.

Quote of the fortnight

"…lawful speech, no matter how uncomfortable, must be protected if academic freedom is to mean anything…Are our policies appropriately balanced? Do they protect dissent as well as dignity?  Do they foster open enquiry alongside inclusivity? These questions deserve serious attention—not because they are easy, but because they go to the heart of what a university is for." - Melanie Steed (Principal Associate at Weightmans) on freedom of speech in Scottish universities.

Brought to you by RPC's Media team