M7946 International Media Law Assignment 2, 2025/26

M7946 – International Media Law Assignment Two

Scenario:

You are a legal advisor for a free online news publication which has published a series of stories (included below) about a football team coach.

The first article concerns a complaint alleging that the coach had physically assaulted one of his own players. He was suspended by the football club pending the outcome of an internal investigation.

He was subsequently sacked, and the matter was reported to the police. He was charged with assault. The second article is a report of the court proceedings which resulted in his conviction for the assault charge. 

The third article reports the outcome of the coach’s successful appeal against his conviction. 

A reputation management company acting on behalf of the coach has written a letter of complaint to the publication’s editor. It is argued that the continued availability of the articles online is causing serious harm to their client’s reputation. It is said the stories effectively create a “virtual criminal record”, which is preventing him from finding work as a coach.

In particular, the reputation management company claim (i) that the first two articles are defamatory; and (ii) request that all three articles should be removed under the “right to erasure” or should be anonymised under the “right to be forgotten”. 

The editor has requested your legal opinion and asked you to produce a note setting out your advice to answer the points raised.

Using your knowledge of defamation law and data protection legislation (including any applicable guidance), and with reference to relevant case law:

1. Explain the legal threshold for defamation in Scotland;
2. Assess whether the allegations contained within the articles could be considered defamatory in Scotland;
3. Consider the potential defences available to the publisher and set out which might be relied upon;
4. Would the position be any different if the publications were in England?
5. Evaluate the “right to erasure” and whether either removal or anonymisation of the article(s) is necessary or appropriate in the circumstances;
6. Finally, consider and set out whether and how the online article(s) could be revised to mitigate any legal risk while maintaining journalistic integrity and editorial independence.

Submission guidelines:

1. Submission deadline: Friday 12 December 2025 by 12 Noon UK time
2. Word count: 2,500 words maximum, inclusive of referencing.
3. Use OSCOLA referencing.
4. Include footnotes. A bibliography is not required.

Article 1

Junior football team coach suspended over player assault claims 
News 24 Edinburgh  
30 May 2024

An Edinburgh junior football team coach has been suspended over allegations of assault and abuse of his own players. 

Murrayfield Junior Football Club head coach David Jack, 40, has been accused of punching the club’s star striker.

It is claimed the coach lashed out in anger after Ryan Jones, 19, questioned his tactics during last weekend’s Scottish Junior Cup Final against Bearsden JFC.

It is alleged that that Jack grabbed Jones by the throat in a half-time row during which the coach was alleged to have shouted and swore at the player. 

It is claimed the coach grabbed Jones and then punched him, yelling, “don’t you f*cking dare undermine me again”. 

It is not known whether anyone witnessed the alleged assault.

However, players have spoken of Jack presiding over a “toxic culture of fear” at the club.

Insiders spoke of the coach being physically aggressive and using threatening and abusive behaviour towards players.

One player, who did not wish to be named, said: “He is routinely aggressive towards players, shouting and swearing at them, squaring up to them and pushing them around if they question his tactics.”

The club confirmed the head coach has been suspended pending an internal investigation.

A complaint has also been made to the police.

A Police Scotland spokesperson confirmed investigations into a complaint of assault by a 40-year-old man are ongoing.

Article 2

Coach convicted of punching star player
News 24 Edinburgh  
30 August 2024

An Edinburgh junior football team coach who punched a player during a match has been found guilty of assault.

David Jack, 40, was convicted of assaulting 19-year-old Ryan Jones during last season’s Scottish Junior Cup Final.

The former Murrayfield Junior Football Club head coach was sentenced to a community payback order and fined for the assault, following a trial at Edinburgh Sheriff Court yesterday.

The court heard Jack had lashed out in anger after the club’s star striker questioned his tactics. 

The player told the court that Jack confronted him in a half-time row during which the coach was alleged to have shouted and swore at him. 

The teenager gave evidence that he and Jack were the last to leave the changing room as the other players headed back out on the pitch for the second half.

He claimed the coach grabbed him and then punched him, yelling, “don’t you f*cking dare undermine me again”. 

A teammate told the court that he heard raised voices from the changing room but couldn’t make out what was being said. He also said Jones looked shaken, and told him “the gaffer’s just had a pop at me”.

Jack told the court that words were exchanged but denied assaulting Jones.

Sheriff Smith said the players’ evidence was credible and reliable and found the coach guilty of the assault.

He said: “This was a shocking, unprovoked attack.” 

A spokesperson for the club confirmed that Jack was dismissed for gross misconduct. 

Article 3

Football coach wins appeal against assault conviction 
News 24 Edinburgh  
30 December 2024

An Edinburgh junior football team coach has successfully appealed against his conviction for assaulting a player during a match.

Former Murrayfield JFC head coach David Jack, 40, was found guilty of punching the 19-year-old after a row broke out between the pair during last season’s Scottish Junior Cup Final.

However, appeal judges ruled there had been a miscarriage of justice and quashed his conviction on the basis that there was a lack of corroboration.

Jack was accused of lashing out in anger after Ryan Jones, 19, questioned his tactics in the cup final defeat to Bearsden JFC.

The coach was sacked by his club for gross misconduct but denied any wrongdoing.

He was sentenced to a community payback order and fined for the assault, following a trial at Edinburgh Sheriff Court in March 2025.

However, he challenged his conviction on the basis that there was insufficient evidence to prove the assault allegation. 

The appeal court found in his favour, after ruling that the sheriff was wrong to convict.