Tugendhat and Christie: The Law of Privacy and The Media

by Nicole Moreham (Editor), Mark Warby (Editor)

Overview

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.

Product Details

ISBN-13:	9780191508936
Publisher:	OUP Oxford
Publication date:	01/21/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	1010
File size:	2 MB

About the Author

Dr Nicole Moreham is an associate Professor of Law at Victoria University of Wellington. She has published widely on the protection of privacy in England and Wales, New Zealand, and Europe and is a recognised expert in the field. Before she returned to New Zealand, Dr Moreham was a Fellow and Lecturer in Law at Gonville and Caius College, University of Cambridge. She also completed her Masters and PhD at Caius, the latter under the supervision of the late Tony Weir. Dr Moreham's research is currently funded by the prestigious Rutherford Discovery Fellowship from the Royal Society of New Zealand. Sir Mark Warby has been a Judge of the High Court of Justice, Queens Bench Division, since 2014. Since his appointment he has made most of the key first instance decisions in media cases. Before his appointment he practised media and entertainment law as a junior barrister for 20 years, and as a QC from 2002. He appeared in many of the key cases in the development of privacy law, including Bryan v MGN, Campbell v MGN, Prince of Wales v Associated Newspapers, Murray v Big Pictures and Mosley v News Group. He was lead author of the chapters on breach of confidence and defences in the first edition of this work. He jointly edited the second edition, with Dr Nicole Moreham, when he added chapters on misuse of private information and practice and procedure.

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