Month: July 2001

ITC imposes £100k penalty for breach of sponsorship code

Last Friday (27 July 2001), The Independent Television Commission (ITC) announced that it had fined London Weekend Television £100,000 for breaches of the ITC Code of Programme Sponsorship in relation to the ITV series, Club@vision. Club@vision was aimed at young people and included features on music, clubs and celebrities.  The ITC received a complaint in …   Read more

Sports listings: House of Lords delivers a populist judgment in the TV Danmark case

By deciding that “free” public access broadcasts of “listed” sporting events on terrestrial television is paramount and overrides the need to maintain “undistorted competition” (represented by competition law, free movement of goods and respect for property rights), the House of Lords will have enabled much of Whitehall to depart on holiday with relief. The judgment …   Read more

Celebrities’ home addresses and privacy: Heather Mills v The Sun

Article 8 of the European Convention on Human Rights enshrines the right of an individual to respect for his or her private life. This right was already recognised in the Press Complaints Commission code which provides: “Everyone is entitled to the respect of his or her private and family life, home, health and correspondence. A …   Read more

Copyright and freedom of expression: Paddy Ashdown v The Sunday Telegraph

Copyright is a property right which by definition comes into conflict with a fundamental human right: the right of freedom of expression. The Court of Appeal decided this week that on rare occasions freedom of expression will “trump” copyright, giving a public interest defence to a copyright infringement claim. The Sunday Telegraph published extensive extracts …   Read more

Harassment by publication

The Protection from Harassment Act 1997 was enacted principally to protect people against stalkers. However, the Act was drafted to cover a wider set of circumstances than the phenomenon of stalking, and there has been some debate as to how wide a set of activities will be caught by the criminal offence. The media was …   Read more

Press cuttings and copyright: House of Lords dismisses appeal by newspaper licensing agency

The House of Lords has upheld the Court of Appeal’s decision last year that Marks and Spencer did not infringe copyright in “typographical arrangements of published editions” by copying and distributing daily press cuttings provided by a monitoring agency. Newspapers assign copyright in their typographical arrangements to the NLA, which then licenses companies to copy …   Read more

Injunction and ISPs

An injunction is a court order which requires someone either to do something, or to stop doing something.  Anyone who breaches an injunction risks criminal sanctions.  Injunctions are commonly made to prevent breaches of confidence. An injunction can be served on individuals or companies who are not parties to the proceedings, making them aware of …   Read more