Tugendhat and Christie: The Law of Privacy and The Media

Hardcover | February 20, 2016

EditorNicole Moreham, Mark Warby

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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 HighCourt 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 chapterson the various forms of wrongful publication of personal information, as well as the various forms of intrusion into physical privacy, before considering the available justifications and defences, the remedies and the procedure to be followed in such cases. This edition includes a new chapter givingseparate consideration to new media. 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.

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From the Publisher

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 int...

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 Cant...

other books by Nicole Moreham

Format:HardcoverDimensions:896 pages, 9.69 × 6.73 × 0.1 inPublished:February 20, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685746

ISBN - 13:9780199685745

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Table of Contents

PART 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 AfricaCanadaPART II: 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 publicationPART III: 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?PART 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 rightsPART V: INTRUSION11. Protection against intrusionIntroductionCommon law protectionsStatutory protectionsMedia codesThe desirability of an intrusion tortPART VI: PRIVACY PROTECTION IN THE MEDIA CODES12. The Privacy CodesIntroductionThe Human Rights Act 1998The Data Protection Act 1998The regulatory bodiesThe codes and adjudicationsThe regulatory bodies as public authoritiesPART VII: 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 actionsPART VIII: REMEDIES14. RemediesIntroductionSection 12 HRAInjunctionsFinancial remediesOther remediesPART IX: 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