Privacy and Freedom of Expression by Richard ClaytonPrivacy and Freedom of Expression by Richard Clayton

Privacy and Freedom of Expression

byRichard Clayton, Hugh Tomlinson

Paperback | June 15, 2001

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This book is a reprint of the Chapters on Privacy and Freedom of Expression from the authors' major practitioner text, iThe Law of Human Rights/i; its separate publication in this form is intended to make it accessible to those who might not want to buy the larger work. It provides acomprehensive and systematic treatment of human rights law and practice in the UK in relation to privacy and freedom of expression, including detailed analysis of the impact of the Human Rights Act 1998.The book is in two sections: relating to privacy and freedom of expression respectively. Each section contains a discussion of the pre-existing status of the right in English law, a thorough analysis of the European Convention case law, and full examination of the likely impact of incorporation onEnglish law. This impact is considered in relation to the applicable general principles but also in respect of a number of specific subject areas, including business and commerce, criminal law and justice, education, employment, immigration, media, mental health, police and prisoners. Each sectionhas detailed appendices drawing out lessons from the experience under the Canadian Charter and the New Zealand Bill of Rights as well as discussion of the relevant right in other jurisdictions. It is the only book which provides such a detailed analysis of these two important rights, and is likelyto be of particular interest to media lawyers and practitioners, as well as to those practising in employment and criminal law.
Richard Clayton is a practising Barrister at Devereux Chambers, Temple and Hugh Tomlinson is a practising Barrister at Matrix Chambers, Gray's Inn; they have both been involved in a wide range of civil liberties and human rights cases.
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Title:Privacy and Freedom of ExpressionFormat:PaperbackDimensions:284 pages, 9.69 × 6.73 × 0.59 inPublished:June 15, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199246386

ISBN - 13:9780199246380

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Table of Contents

PrefaceUpdatesThe Right to Respect for Privacy and the HomeA. The Nature of the RightsB. The Rights in English Law Before the Human Rights Act(1) Introduction(2) Intrusion into the home: entry, search and seizure(3) The misuse of personal information(4) Photography, surveillance and telephone tapping(5) Privacy and the media(6) Other privacy rightsC. The Law Under the European Convention(1) The scope of the right(2) Justification under Article 8(2)D. The Impact of the Human Rights Act(1) Introduction(2) United Kingdom cases prior to the Human Rights Act(3) General impact issues(4) Specific areas of impactAppendix 1. The Canadian Charter of Rights(1) Introduction(2) Section 8 principles(3) A personal right(4) Section 8 analysis: a two-step processAppendix 2. The New Zealand Bill of Rights Act(1) Introduction(2) Interpretation of section 21(3) Electronic surveillanceAppendix 3. Human Rights Cases in Other Jurisdictions(1) Introduction(2) Human Rights Committee(3) India(4) Ireland(5) South AfricaFreedom of ExpressionA.The Nature of the RightB. The Right in English Law Before the Human Rights Act(1) Introduction(2) Prior Restraint(3) Protection of reputation: defamation(4) Comment on court proceedings: contempt of court(5) Obscenity and indecency(6) Media regulation and censorship(7) Freedom of expression and the criminal law(8) Expression and government secrecy(9) Freedom of informationC. The Law Under the European Convention(1) Introduction(2) Scope of the right(3) Types of expression(4) Justifying limits on expressionD. The Impact of the Human Rights Act(1) Introduction(2) United Kingdom cases prior to the Human Rights Act(3) General Impact Issues(4) The potential impactAppendix 1. The Canadian Charter of Rights(1) Introduction(2) Justifiable limitationsAppendix 2. The New Zealand Bill of Rights Act(1) Introduction(2) Justifiable LimitationsAppendix 3. Human Rights Cases in Other Jurisdictions(1) Introduction(2) Antigua and Barbuda(3) Australia(4) Hong Kong(5) Human Rights Committee(6) India(7) Ireland(8) Namibia(9) South Africa(10) Sri Lanka(11) Zimbabwe

Editorial Reviews

`That so comprehensive a book should have been produced by two such busy barristers has me marvelling at their quite prodigious industry. They have my envy almost as much as they have my admiration.'A. T. H. Smith, Professor and Dean of Law, Cambridge - Criminal Law Review