Tugendhat and Christie: The Law of Privacy and The Media

by Warby, Mark; Moreham, Nicole

• ISBN13: 9780199685745
• ISBN10: 0199685746
• Edition: 3rd
• Format: Hardcover
• Copyright: 2016-03-14
• Publisher: Oxford University Press

Summary

Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field.

The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection.

The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication.

The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.

Author Biography

Mark Warby, Barrister, 5 Raymond Buildings, London,Nicole Moreham, Senior Lecturer, Victoria University, Wellington, New Zealand

Iain Christie is a barrister at 5 Raymond Buildings specialising in the human rights aspects of media law, in particular the relationship between the right of personal privacy and the right to freedom of expression. Prior to joining 5RB he was a legal adviser to the Foreign & Commonwealth Office and acted for the Government in a number of high profile cases before the European Court of Human Rights. He has been the UK representative on various international negotiations at the United Nations and Council of Europe and has worked on several Parliamentary Bills including the Human Rights Act 1998. He is now on the Attorney General's panel of junior counsel to the Crown. Iain appeared in the House of Lords for the Claimants in Wainwright v Home Office, for which he was nominated for the Bar Pro Bono Award in 2003, and more recently for Michael Durant in his bid to overturn the controversial Court of Appeal ruling on access to personal data.



Dr Nicole Moreham is a Senior Lecturer at the Faculty of Law, University of Wellington. She joined in 2006 having spent seven years at Gonville and Caius College, University of Cambridge, first as a Masters and PhD student and then as a Fellow and Lecturer in Law. She completed her undergraduate Honours degree at the University of Canterbury and worked as a judges' clerk at the New Zealand Court of Appeal. Nicole's doctoral thesis is entitled 'Privacy and the Common Law' and she continues to research and publish on privacy law. Her research interests also extend to other aspects of media law and to the law of tort and she taught the law of contract and administrative law for several years at Cambridge.


Mark Warby QC is a leading silk in media, entertainment and sports law at 5 Raymond Buildings. Over the years he has acted for and against all the national newspaper groups, and major broadcasters, national, regional and local newspapers and magazines and several Internet organisations (Demon, AOL, Google). Claimant clients have included many well known figures from the worlds of entertainment, the media, sport and politics. Defamation, privacy and data protection are substantial elements of his practice. Notable recent cases include Max Mosley v News Group (privacy of S&M activities), Atlantis v L'Espresso (for Italian magazine, defeating corporate libel claims over minimal English publication), Murray v Big Pictures (for agency, defending J K Rowling's claim over pictures of her infant son).

Table of Contents

PART I: SOURCES, PRINCIPLES AND RIGHTS
1. Context
Introduction
Common law and equity
Legislation
Media codes
Reviews, reform and academic writing
European Convention on Human Rights and HRA
2. Privacy rights
The theoretical context
The privacy interests
The importance of privacy
3. Sources
Introduction
Human Rights Conventions
England and Wales
European Convention
United States
France
Germany
Ireland
New Zealand
Australia
South Africa
Canada
PART II: MISUSE OF PERSONAL INFORMATION
4. Breach of confidence
Introduction
The cause of action for breach of confidence: an overview
Confidence, personal information and the media
Types of information protected in confidence
Criteria for confidentiality
The duty of confidence
5. Breach of privacy
Introduction
Overview of the breach of privacy action
Scope of the reasonable expectation of privacy
Balancing article 8 and article 10
6. Data Protection and the Media
Introduction
Data Protection
Data Protection Act 1998
7. Publication of personal information: special issues
Introduction
The types of information
Dissemination of private information
Liability for publication
PART III: PRIVACY AND REPUTATION
8. Privacy and defamation
Introduction
Protection of privacy by defamation law
Conflict between defamation and privacy
Malicious falsehood
Foreign models for the possible development of defamation law to accommodate a right to privacy
French law of privacy and defamation
9. Privacy and false facts
Introduction
Can false facts be private?
The American false light tort
A false light tort for England?
PART IV: PRIVACY AND PUBLICITY RIGHTS
10. Copyright, moral rights and the rights to one's image
Introduction
Privacy interests and copyright subject matter
The limitations on exclusive rights for news reporting and other publication
The collision between copyright and privacy rights of third parties
Moral rights
Publicity rights
PART V: INTRUSION
11. Protection against intrusion
Introduction
Common law protections
Statutory protections
Media codes
The desirability of an intrusion tort
PART VI: PRIVACY PROTECTION IN THE MEDIA CODES
12. The Privacy Codes
Introduction
The Human Rights Act 1998
The Data Protection Act 1998
The regulatory bodies
The codes and adjudications
The regulatory bodies as public authorities
PART VII: DEFENCES
13. Defences
Introduction
Defences of general application: consent, estoppel, change of position
Waiver of rights
Defences to intrusive acts
Defences to claims for disclosure of private facts
Defences to 'false light' claims
Defences to appropriation of name and likeness claims
Commentary and future directions
Limitation of actions
PART VIII: REMEDIES
14. Remedies
Introduction
Section 12 HRA
Injunctions
Financial remedies
Other remedies
PART IX: PROTECTION OF COURT RECORDS AND JOURNALISTIC SOURCES
15. Privacy and procedure
Introduction
Physical access to the courtroom
Control of access to court documents
Restrictions on the reporting of proceedings held in private
Restrictions on the reporting of proceedings held in public
Restrictions on the use of material that is disclosed in the course of court proceedings
Reporting restrictions in privacy cases