Tugendhat and Christie: The Law of Privacy and The Media

Hardcover | April 3, 2011

EditorIain Christie, Nicole Moreham, Mark Warby

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The first edition of this book quickly established itself as the leading reference work on the rapidly developing law of privacy in England and Wales, and the specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) and expert academicforeign law contributors have now prepared a timely new edition. Many of the contributors have appeared or advised in the leading cases which are shaping the law of privacy. The book considers how the law protects the publication of personal information without undermining the fundamental principleof freedom of expression. Since the first edition was published the law of privacy has developed considerably. As predicted by the authors, a separate and distinct cause of action, known as "misuse of personal information" has been created, though its precise remit is still being defined by the courts. Alongside this newtort or equitable remedy, traditional causes of action (most notably breach of confidence) remain available to provide remedies for invasions of privacy. The common law continues to be influenced by the competing rights under Articles 8 and 10 of the European Convention on Human Rights and itsconcurrent Strasbourg jurisprudence and, to a lesser extent, by application of the principles established in the Data Protection Act 1998. The case law is developing on a case by case basis, drawing on comparative legal and academic sources where appropriate. Against this background the debate as towhether Parliament should enact a general law of privacy rumbles on. Although intended as a practitioners' guide to the law, this major work includes a consideration of comparative and international jurisprudence, as well as leading academic writings on the subject, in order to elaborate the principles upon which privacy rights are based. These may helpfully guidethe development of English law in the years ahead. The structure moves from the historical and contextual, through the academic and comparative, to the practical and developing law. At the heart of the book is an explanation of existing causes of action which may be used to protect personal privacyand practical advice on defences and remedies that may be available. It is recognized that recent legislation, most notably the Data Protection Act 1998 and the Human Rights Act 1998, has had a significant impact on the law in this area and full consideration is given to their application. A vastrange of important recent case law is also analysed, including Max Mosley v News Group Newspapers Ltd, the J.K Rowling case and Terry v Persons Unknown. The topic of super-injunctions is addressed as are the latest proposals for reform of the law in this rapidly-developing and highly controversialfield.Tugendhat and Christie: The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as all those with a general interest in the subject.

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From the Publisher

The first edition of this book quickly established itself as the leading reference work on the rapidly developing law of privacy in England and Wales, and the specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) and expert academicforeign law contributors have now prepared a tim...

Iain Christie is a barrister at 5RB 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 and Commonwealth Office and acted for the Government in a number of high prof...

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Format:HardcoverDimensions:896 pages, 9.69 × 6.73 × 0.01 inPublished:April 3, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199581150

ISBN - 13:9780199581153

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Extra Content

Table of Contents

I: Sources, Principles and Rights1. ContextIntroductionCommon law and equityLegislationMedia codesReviews, reform and academic writingEuropean Convention on Human Rights and HRA2. Privacy rightsThe theoretical contextThe privacy interestsThe importance of privacy3. SourcesIntroductionHuman Rights ConventionsEngland and WalesEuropean ConventionUnited StatesFranceGermanyIrelandNew ZealandAustraliaSouth AfricaCanadaII: Misuse of Personal Information4. Breach of confidenceIntroductionThe cause of action for breach of confidence: an overviewConfidence, personal information and the mediaTypes of information protected in confidenceCriteria for confidentialityThe duty of confidence5. Breach of privacyIntroductionOverview of the breach of privacy actionScope of the reasonable expectation of privacyBalancing article 8 and article 106. Data Protection and the MediaIntroductionData ProtectionData Protection Act 19987. Publication of personal information: special issuesIntroductionThe types of informationDissemination of private informationLiability for publicationIII: Privacy and Reputation8. Privacy and defamationIntroductionProtection of privacy by defamation lawConflict between defamation and privacyMalicious falsehoodForeign models for the possible development of defamation law to accommodate a right to privacyFrench law of privacy and defamation9. Privacy and false factsIntroductionCan false facts be private?The American false light tortA false light tort for England?IV: Privacy and Publicity Rights10. Copyright, moral rights and the rights to one's imageIntroductionPrivacy interests and copyright subject matterThe limitations on exclusive rights for news reporting and other publicationThe collision between copyright and privacy rights of third partiesMoral rightsPublicity rightsV: Intrusion11. Protection against intrusionIntroductionCommon law protectionsStatutory protectionsMedia codesThe desirability of an intrusion tortVI: Privacy Protection in the Media Codes12. The Privacy CodesIntroductionThe Human Rights Act 1998The Data Protection Act 1998The Data Protection Act 1998The regulatory bodiesThe codes and adjudicationsThe regulatory bodies as public authoritiesVII: Defences13. DefencesIntroductionDefences of general application: consent, estoppel, change of positionWaiver of rightsDefences to intrusive actsDefences to claims for disclosure of private factsDefences to 'false light' claimsDefences to appropriation of name and likeness claimsCommentary and future directionsLimitation of actionsVIII: Remedies14. RemediesIntroductionSection 12 HRAInjunctionsFinancial remediesOther remediesIX: Protection of Court Records and Journalistic Sources15. Privacy and procedureIntroductionPhysical access to the courtroomControl of access to court documentsRestrictions on the reporting of proceedings held in privateRestrictions on the reporting of proceedings held in publicRestrictions on the use of material that is disclosed in the course of court proceedingsReporting restrictions in privacy cases

Editorial Reviews

"An impressive, well-informed book. The publishers are to be congratulated in producing an excellent survey and analysis of the law that will prove immensely useful to lawyers, broadcasters, editors and journalists alike." --Ent L.R. 2004, 15(5) 167