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Conference

5RB Media and Entertainment Law
Conference 2010

Date: Tuesday 21st September 2010 

Venue: Kings Place, 90 York Way, London N1 9AG

Cost £375 plus VAT                                  6.5 CPD Hours

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Overview

Conference5RB will take place at a time when Parliamentary and world media attention has focused with renewed vigour on the balance to be struck between freedom of expression and the right to protect reputation and privacy in English law.

The conference will aim to distill the experiences of 5RB barristers, keynote speakers and guest contributors from across the media sector on a range of recent developments, provide a platform for informed expert discussion and provide enhanced understanding on a number of challenging areas through interactive smaller workshops and seminars.

To encourage more delegate participation and discussion we have increased the number of workshops to cover a variety of topics.

What delegates said about the last conference5RB

Nigel Tait Carter-Ruck “Quite simply the most professional and informative conference in this area of the law. The speakers cogently explain recent developments in the law and provide an invaluable insight into the direction that media law and practice will be heading.”

Jaron Lewis Reynolds Porte rChamberlain “This conference provides an opportunity to get an unparalleled insight as to where the law stands and where it is going. At the price, it’s also excellent value for money.”

Gideon Benaim Schillings “Surely the media law conference of the year!”

Chris Thirsk Channel 5 “A very useful update on recent developments in media law, delivered from the coal face.”
 

PROGRAMME

8.15-9.00 Registration


9.00-9.05 Welcome and introduction
     Desmond Browne QC and Adrienne Page QC
 

9.05-9.35 Keynote address
     PROVISIONAL John Whittingdale MP, Keynote Speaker, former Chair of the Culture, Media and Sport Select Committee
 

9.35-10.20 Current defamation issues
     Adrienne Page QC and William Bennett

  • Fair comment: BCA v Singh and Joseph v Spiller
  • Reynolds: Flood v Times Newspapers
  • Public authorities: Clift v Slough Borough Council
  • Update on internet publications
  • Reputation as an Article 8 right

10.20-10.50 Mid-morning break

10.50-11.35 Current privacy issues
     Desmond Browne QC and Mark Warby QC

  • Mosley in the European Court of Human Rights: should there be a notice requirement?
  • Injunctions: should Bonnard v Perryman apply in Article 8 cases?
  • Superinjunctions: John Terry and the Master of the Rolls’s Working Group Report
  • Photographic surveillance: when is Article 8 engaged? Wood v MPC, and Murray v Express Newspapers

11.35-12.05 Morning Q&A
    Moderated by Adrienne Page QC, morning speakers will open the floor for an interactive session

12.10-1.10 Workshop session 1
     pre-chosen from the selection listed

1.10-2.40 Battlebridge Room lunch

2.40-3.40 Workshop session 2
     pre-chosen from the selection listed

3.40-4.10 Mid-afternoon break

4.10-5.10 Workshop session 3
     pre-chosen from the selection listed

5.15-5.55 Reform debate: Defamation Act 2011
     Moderated by Desmond Browne QC. Panel members: Professor Alastair Mullis of the University of East Anglia and Dr Andrew Scott of the London School of Economics v Alastair Brett, Times Newspapers and Marcus Partington, Mirror Group Newspapers and Ian Birdsey, Hiscox. The floor will be opened for an interactive session.

  • Trial by jury
  • Libel tourism
  • Corporate claimants
  • Electronic archives

5.55-6.00 Closing remarks
     Desmond Browne QC

6.00+  Champagne reception
     Kings Gallery
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Workshops – please select your 1st, 2d & 3d options
We will do our best to match all of your choices. If this is not possible, we will contact you to re-arrange.

1) Justification: the nuts and bolts

     Alex Marzec & Prash Naik of Channel 4
     A practical workshop based on a case study, looking at the challenges in pleading/proving, or resisting, a justification defence, and how to meet them.

2) Reynolds and the defence of public interest

     Justin Rushbrooke & Richard Munden

  • What amounts to a real public interest in communicating the information?
  • How significant is verification of the information, and what is the standard of verification?
  • The problem of undisclosed sources: how far can the defendant rely on them?
  • Flood v Times and other recent cases
  • What is reportage, and when is it a defence?
  • Is there need for reform?

3) Children, family and media

     Adam Wolanski & David Sherborne

  • The April 2009 media access rules in perspective: has anything changed?
  • The new reporting regime under the Children, Schools and Families Act 2010
  • Media access to documents in child cases following Ward v Ward
  • How private are divorce cases? What can be reported? Can parties prevent media access?
  • What use can be made of improperly obtained documents in divorce cases following White v Withers and Imerman v Imerman?

4) What to do/what not to: a judicial perspective
     Sir Charles Gray, HH Judge Richard Parkes QC

5) A practical guide to privacy injunctions
     James Price QC, Godwin Busuttil & Victoria Shore

  • the threshold test, the ‘parallel analysis’, and discretionary factors which may lead to refusal of an injunction
  • Complying with s.12 Human Rights Act
  • Complying with the CPR and Practice Directions, including when super-injunctions may  properly be granted
  • Avoiding the pitfalls shown up by the John Terry case
  • The defamation rule, how it impacts on privacy injunctions, and when false private information can be injuncted
  • When should the media be notified of the hearing, and who should be notified
  • Injunctions against persons unknown

6) Internet and new media issues
     Jonathan Barnes, David Hirst and Dr Laurence Godfrey

  • The “new” medium’s accessibility and reach
  • Principles for liability, identifying those responsible for “publication”
  • Evidence of readership, chicken or egg?

7) Sport
     Jacob Dean, Stephen Bate, Victoria Jolliffe & Oliver Codrington of BHA

  • Regulatory control in practice: licensing, discipline and media relations
  • The “fit and proper” test: football and racing
  • Appeal and judicial oversight: BHA v McKeown [2010] EWHC 508

8) The impact of Article 8 on defamation claims
     Adam Speker, Christina Michalos

  • After Terry: changes to libel to protect Article 8 rights, including:
  • Qualified privilege for public authorities after Wood v West Midlands Police and Clift v Slough BC


9) New media opportunities & risks - an ad agency's practical perspective
     Andrew Southam of Bartle Bogle Hegarty

  • UGC
  • Product placement
  • Apps
  • Social networks and Twitter

This conference is supported by Hiscox plc, a specialist international insurance group and a leading media insurer. The group offers a broad range of covers for the media industry including libel and slander, breach of intellectual property rights, breach of confidentiality, breach of privacy and negligence.