Media Law and Human Rights

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

• ISBN13: 9780199217502
• ISBN10: 0199217505
• Edition: 2nd
• Format: Paperback
• Copyright: 2009-04-15
• Publisher: Oxford University Press

Summary

The incorporation of the European Convention of Human Rights in UK Law, has made the principle of free speech a positive right. But what is the law of freedom of expression and privacy and how does it affect the media? This new edition of Media Law and Human Rights provides practical coverage of the impact of human rights principles in media law. Providing a comprehensive guide to the Strasbourg case law as it affects the media, this book also examines how the UK courts have grappled with the concepts of privacy and freedom of expression as developed by the European Court. It considers the potential for further influence and looks at the special provisions in the structure of the Human Rights Act and how, if the UK courts still do not provide a remedy, a case can be taken to Strasbourg. This new edition offers comprehensive and up to date coverage of the all the important English case law and decisions of the European Court of Human Rights that have occurred since the publication of the first edition, including key cases on libel, such as Steel and Morris v UK (McLibel), privacy such as Douglas v Hello, and race hatred such as Norwood v UK. Coverage of major developments outside the UK and Europe including decisions of the US, and Canadian Supreme Courts and the South African Constitutional Court is also included. This title particularly investigates the issues concerning Article 10 as regards its guarantee of freedom of expression. The right is not absolute, but judgments of the European Court of Human Rights have illustrated how valuable the Convention has been in maintaining freedom of expression. The Contempt of Court Act, rights of appeal against reporting restrictions, and the new approach to privilege in libel have all been the product of Article 10. The authors also consider how the courts have responded to the Human Rights Act, in particular the way in which the interrelationship between the right to respect for privacy and freedom of expression. Barristers and solicitors who specialize in media law and who need to understand the implications of the European Convention on Human Rights and the Human Rights Act will find this an essential purchase.

Author Biography

Andrew Nicol QC is a barrister at Doughty Street Chambers, where he specialises in human rights work, public law and media law.
Andrew Sharland is a barrister at 4-5 Gray's Inn Square. His practice focuses on media law, public law and employment law. Gavin Millar QC is a barrister at Doughty Street Chambers, where his practice covers media, defamation, employment and public law.

Table of Contents

Freedom of Expression and Privacy: An Introduction

Freedom of Expression and the Right to Respect for Private Life and Media Law: General Principles

The Human Rights Act 1998

When Rights Have Not Been Brought Home: Taking a Case to Strasbourg

Defamation

Privacy and Confidential Information

Racial Hatred

Obscenity and Blasphemy

Court Reporting and Contempt of Court

Reporting on Elections and Parliament

Licensing and Regulation of the Media

Commercial Speech

Official Secrets, National Security, and Public Disorder

Human Rights Act 1998

European Convention on Human Rights

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