Media Law and Human Rights

by Nicol, Andrew; Millar, Gavin; Sharland, Andrew

• ISBN13: 9781841741345
• ISBN10: 1841741345
• Edition: 2nd
• Format: Paperback
• Copyright: 2002-11-07
• Publisher: Blackstone Press

Summary

This book provides a comprehensive guide to the Strasbourg case law as it affects the media and examines how the UK courts have grappled with the concepts developed by the European Court. It considers the potential for further influence and looks at the special provisions in the Human Rights Act for the media.

Author Biography

Andrew Nicol QC is as a barrister at Doughty Street Chambers and is an Assistant Recorder of the Crown Court. He has assisted in the training programme for the judiciary on the Human Rights Act. Gavin Millar QC was a founder member of Doughty Street Chambers where he still practises, specialising in public, media, election and employment law. He is the Deputy Chair of the Society of Labour Lawyers and undertakes voluntary work for Liberty, Charter 88 and other pressure groups. Andrew Sharland, barrister, is a barrister at 4-5 Gray's Inn Square Chambers. He has lectured widely on media law both in the UK and throughout Europe. He is also a member of the Council of Europe's Panel of Experts on media law.

Table of Contents

Acknowledgements	ix
Abbreviations	xi
Table of Cases	xiii
Table of Primary Legislation	xxiii
Table of Secondary Legislation	xxix
Table of International Instruments	xxxi
Table of International Rules	xxxv
Freedom of Expression and Privacy: An Introduction	1	(9)
Introduction	1	(1)
Freedom of expression theory	2	(3)
Privacy theory	5	(1)
English law's approach to freedom of expression in relation to media law prior to the incorporation of the ECHR	6	(2)
English law's approach to the right to privacy in relation to media law prior to the incorporation of the ECHR	8	(2)
Freedom of Expression and the Right to Respect for Private Life and Media Law: General Principles	10	(22)
Introduction	10	(1)
Principles of interpretation of the ECHR	10	(2)
The law of the ECHR: Article 10 freedom of expression	12	(15)
Other Convention rights of particular importance to media law	27	(5)
The Human Rights Act 1998	32	(21)
Introduction	32	(1)
`Convention rights'	33	(2)
Interpreting legislation consistently with Convention rights	35	(3)
Public authorities' duty to comply with Convention rights	38	(4)
Enforcement of Convention rights: standing	42	(4)
Enforcement of Convention rights: which court?	46	(1)
Enforcement of Convention rights: remedies	47	(2)
Special provisions concerning freedom of expression	49	(4)
When Rights Have Not Been Brought Home: Taking a Case to Strasbourg	53	(11)
Introduction	53	(1)
The Strasbourg Court	54	(1)
Legal aid	55	(1)
Making a complaint	56	(1)
Admissibility	57	(5)
Consideration of the complaint	62	(1)
Just satisfaction	63	(1)
Defamation	64	(18)
Introduction	64	(1)
Who may complain	65	(1)
`Without interference by public authority'	65	(3)
Legitimate aim	68	(3)
Restrictions `necessary in a democratic society'	71	(5)
The compatibility of domestic defamation law with the Convention	76	(6)
Privacy and Confidential Information	82	(16)
Introduction	82	(1)
Breach of confidence	83	(2)
Protection of confidential sources	85	(3)
Article 8: state interference	88	(1)
Article 8: privacy intrusion by public service broadcasters	89	(1)
Article 8: privacy intrusion by the media	90	(5)
Media intrusion: court decisions post-HRA	95	(3)
Racial Hatred	98	(11)
Introduction	98	(1)
Domestic law	98	(1)
Discrimination under the ECHR	99	(1)
Limiting racist expression	100	(5)
Exposing racism in the public interest	105	(2)
The future	107	(2)
Obscenity and Blasphemy	109	(12)
Introduction	109	(3)
Obscenity: ECHR	112	(2)
Blasphemy: ECHR	114	(5)
The likely impact of the HRA on domestic law	119	(2)
Court Reporting and Contempt of Court	121	(21)
Introduction	121	(1)
Whose right?: standing to complain	122	(1)
`Interference'	123	(1)
`Legitimate aim'	124	(1)
`Prescribed by law'	124	(1)
`Necessary in a democratic society'	125	(12)
Effect on English law	137	(5)
Reporting on Elections and Parliament	142	(10)
Introduction	142	(1)
Elections	143	(6)
Parliament	149	(3)
Licensing and Regulation of the Media	152	(13)
Introduction	152	(1)
Broadcast licensing and regulation	152	(5)
Newspaper licensing	157	(1)
Media regulators	157	(8)
Commercial Speech	165	(13)
Introduction	165	(2)
EHCR case law	167	(6)
The likely impact of the HRA on domestic law	173	(5)
Official Secrets, National Security and Public Disorder	178	(11)
Introduction	178	(1)
ECHR case law	179	(7)
The likely impact of the HRA on domestic law	186	(3)
Appendix 1 Human Rights Act 1998	189	(28)
Appendix 2 European Convention on Human Rights	217	(28)
Index	245