The Law of Privacy and the Media
Author: Mark Warby,Nicole Moreham
Publisher: Oxford University Press, USA
Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Sir Mark Warby and Dr Nicole Moreham, 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 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 giving separate 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.
Main Work and Second Cumulative Supplement
Author: Michael Tugendhat,Iain Christie
Publisher: Oxford University Press, USA
This set is a completely updated (to August 2005) specialist legal practitioners' guide to the law on privacy and the media. It considers the rules applicable to disclosure of personal information by journalists and broadcasters, the remedies available to individuals whose privacy has been unjustifiably infringed and the principles on which such protection is based. Cases analysed include the House of Lords judgment in Naomi Campbell v MGN Ltd, the European Court of Human Rights judgment in Von Hannover v Germany, and the Court of Appeal judgment in Douglas v Hello!. The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as those with a general interest in the subject.
The Media and the Law
Author: Robin Callender Smith
Présentation de l'éditeur : "This new work explores the legal landscape surrounding celebrity, privacy and the media. It examines how English law has, and has not, balanced celebrities' legal expectations of informational and seclusional privacy against the press and the media's rights to inform and publish. It considers the raft of important recent cases that has significantly changed the law in this area. It covers key concepts such as proportionality, breach of confidence, protected information, misuse of private information and parliamentary privilege in the age of social media. It explains the regimes that protect the anonymity of celebrities' children and shows how celebrities can use copyright, data protection and the Defamation Act 2013 as privacy remedies. The position of the Monarch and members of the Royal family in relation to privacy laws is also explored. This book offers expert advice, analysis and guidance to practitioners, academics, students, journalists and data protection stakeholders on celebrity and royal privacy, media and the law."
A Guidebook for Communication Students and Professionals
Author: Daxton Stewart
Publisher: Taylor & Francis
Category: Social Science
Social media platforms like Facebook, Twitter, Instagram, YouTube, and Snapchat allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen—and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren’t widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues—such as posting copyrighted videos and photographs—consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients? Including two new chapters that examine First Amendment issues and ownership of social media accounts and content, Social Media and the Law brings together thirteen media law scholars to address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and live streaming. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation—and this guidebook is here to help them navigate the tricky legal terrain of social media.
Author: Raymond Wacks
Publisher: OUP Oxford
Freedom of expression is a fundamental right at the heart of any democratic society. It is, however, inevitably restricted by other important values, including the right to privacy: the control individuals exercise over their sensitive personal information. The English law, since the enactment of the Human Rights Act 1998, has undergone a tectonic shift in its recognition of this right protected by Article 8 of the European Convention on Human Rights (ECHR) which the Act assimilated into domestic law. The new civil wrong, 'misuse of private information,' now affords greater protection to an individual's 'private and family life, home and correspondence.' The press is, of course, no longer the principal purveyor of news and information. The Internet offers abundant opportunities for the dissemination of news and opinions, including the publication of intimate, private facts. Social media, blogs, and other online sites are accessible to all. Indeed, the fragility of privacy online has led some to conclude that it is no longer capable of legal protection. This book examines the right of privacy from a legal, philosophical, and social perspective, tracing its genesis in the United States, through the development of the law of confidence, and its recent recognition by the Human Rights Act. The English courts have boldly sought to offer refuge from an increasingly intrusive media. Recent years have witnessed a deluge of civil suits by celebrities seeking to salvage what remains of their privacy. An extensive body of case law has appeared in many common law jurisdictions over the last decade, which shows no sign of abating. The Leveson Inquiry into the culture, practices, and ethics of the press, sparked by the hacking of telephones by newspapers, revealed a greater degree of media intrusion than was previously evident. Its conclusions and recommendations, particularly regarding the regulation of the media, are examined, as well as the various remedies available to victims of intrusion and unsolicited publicity. The law is locked in a struggle to reconcile privacy and free speech, in the face of relentless advances in technology. The manner in which courts in various jurisdictions have attempted to resolve this conflict is critically investigated, and the prospects for the protection of privacy are considered.
Author: Ursula Smartt
Media & Entertainment Law presents a contemporary analysis of the law relating to the media and entertainment industries both in terms of its practical application and its theoretical framework, providing a broad and comprehensive coverage of these fast changing branches of the law. Fully restructured to complement how media law is taught today in the digital age, this third edition explores recent updates in the law including the outcomes of the Google Spain case and the ‘right to be forgotten’, the use of drones in breach of privacy laws, internet libel and the boundaries of media freedom and press regulation following the Leveson inquiry. Media & Entertainment Law uses the most up-to-date authorities to explore privacy and confidentiality subjects, such as the Prince Charles 'black spider' letters, the Maximilian Schrems and the celebrity superinjunction PJS v Newsgroup Newspapers cases. The book also covers defamation, contempt of court and freedom of information, plus Scots law. New to this edition: A brand new chapter is dedicated to exploring technology and the media, including contemporary issues such as the dark web, the surveillance state, internet censorship and the law and social media, including bloggers, vloggers and tweeters. The chapters on regulatory authorities have been expanded to provide greater clarification and explanation of broadcasting, press and advertising regulation, including the protection of journalistic sources and comparisons with EU Law. The chapter on intellectual property and entertainment law has been streamlined to match media law courses more effectively. This text provides students with detailed coverage of the key principles, cases and legislation as well as a critical analysis of this vibrant subject.
Author: Doreen Weisenhaus,Simon N M Young
Publisher: Bloomsbury Publishing
The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression. "The internet has given the world the means to more fully realize the right to seek, receive and impart information and ideas regardless of frontiers. But this giant step for freedom of information has come with equally giant challenges, including that of adapting laws and national jurisdiction to this borderless medium. Media Law and Policy in the Internet Age could not have come at a more pressing time. It provides a crucial and comparative insight into the defining issue of the decade. A must-read for anyone seeking to better comprehend the depth and breadth of the impact of the internet on our legal concepts, systems and reasoning." Dr Agnes Callamard, Director, Columbia Global Freedom of Expression, Columbia University "It has never been easier to communicate information; the internet and social media enable anyone to be a publisher or netizen. Laws to restrict communication adapt to this new context, creating fresh battlegrounds in the continuing fight to protect freedom of expression. This book shines a bright light on the issues at stake, with insights from the front lines by individuals dedicated to media law reforms. How the law affects free speech matters to us all." Heather Rogers, QC, One Brick Court, London, and co-author Duncan and Neill on Defamation (4th edn) (2015) "Media Law and Policy in the Internet Age represents a significant addition to the still limited literature on how we should approach media freedom globally. It coherently examines various internet-driven challenges and opportunities for media law reforms. This informatively edited volume provides an in-depth and wide-ranging insight into defamation, privacy, "open justice,†? the journalist's privilege, and more. The book should be essential reading for anyone interested in the international, foreign, and comparative framework for analyzing the internet's impact on media freedom and practice." Kyu Ho Youm, Professor and Jonathan Marshall First Amendment Chair, University of Oregon "The legal environment underlying serious journalism rarely gets enough attention, yet it is crucial to what we journalists do. The shifting laws that impact our reporting have grown markedly more complex in the digital age. Fortunately, we have a groundbreaking new resource in the field. In Media Law and Policy in the Internet Age, Doreen Weisenhaus, Simon Young and their colleagues chart the global trends affecting media freedom, libel law, and online expression. For those who care about the future of free expression, this is an invaluable addition." David E Kaplan, Executive Director, Global Investigative Journalism Network
Author: Joshua Rozenberg
Publisher: Oxford University Press on Demand
Exposing the faults and indiscretions of celebrities and politicians is great for circulation figures, but where should we draw the line between legitimate public exposure and an individual's right to privacy? This book explores how the English legal system has had to blend old laws on confidentiality with modern human rights law in order to deal with this question.
The Clash with Press Freedom
Author: Paul Tweed
Publisher: A&C Black
This new title covers the law surrounding freedom of press versus rights of the individual, including in depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. Contents includes: History and development of libel laws in the UK and USA; Actions brought by US personalities in the UK Courts; The ramifications of the Rachel Ehrenfeld case; Importance of striking a balance between an unfettered press reporting in the public interest and one-sided coverage of particular issues; The argument for statutory press regulation; Level of damages awarded in comparison to costs involved; Super-injunctions; Anticipated changes to the law; Alternative remedies; Difficulties facing Claimants without access to legal aid; Implications arising from the phone hacking scandal.
Author: Laura Scaife
Publisher: CRC Press
Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.
Privacy and Publicity in America
Author: Samantha Barbas
Publisher: Stanford University Press
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.
Author: Robert Trager,Susan Dente Ross,Amy Reynolds
Publisher: CQ Press
Category: Language Arts & Disciplines
The Law of Journalism and Mass Communication, Sixth Edition, by Robert Trager, Susan Dente Ross, and Amy Reynolds offers a clear and engaging introduction to media law with comprehensive coverage and analysis of key cases for future journalists and media professionals. You are introduced to key legal issues at the start of each chapter, building your critical thinking skills before progressing to real-world landmark cases that demonstrate how media law is applied today. Contemporary examples, emerging legal topics, international issues, and cutting-edge research all help you to retain and apply principles of media law in practice. The thoroughly revised Sixth Edition has been reorganized and shortened to 12 chapters, streamlining the content and offering instructors more opportunities for classroom activities. This edition also goes beyond the judiciary—including discussions of tweets and public protests, alcohol ads in university newspapers, global data privacy and cybersecurity, libel on the internet, and free speech on college campuses—to show how the law affects the ways mass communication works and how people perceive and receive that work.
Author: Jacob Rowbottom
Publisher: Bloomsbury Publishing
Media law is a fast-developing area of scholarship that raises many high-profile and controversial questions. Recent issues include the use of privacy injunctions, the regulation of the press, the political power of media moguls, mass leaks of government information, and the responsibility of the digital media to prevent the spread of extreme content and fake news. This study looks at these issues and the key debates in media law. The book includes chapters examining the protection of personal rights to reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of digital communications. The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. Examining various key themes, this study shows how those functions continue to evolve in a changing political culture and also how the media are subject to a range of legal and informal constraints. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of media law in the digital era. It is essential reading for students and scholars of media law alike.
Author: Brian Simpson
This book critically confronts perceptions that social media has become a ‘wasteland’ for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations – whilst important – have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as ‘dangerous’ for young people – to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it – has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different – and more progressive –conceptualisation of children and youth.
Celebrities' Private Lives, Media, and the Law
Author: Robin D. Barnes
Publisher: Oxford University Press
In Outrageous Invasions: Celebrities' Private Lives, Media, and the Law, Professor Robin D. Barnes examines the role and nature of privacy in Western democracies. Celebrities are routinely subjected to stalking, harassment, invasion of privacy, and defamation. These occurrences are often violations of their constitutional rights. Professor Barnes addresses growing concerns about the widespread immunity from liability enjoyed by United States tabloid publishers. Outrageous Invasions chronicles these experiences and the legal battles waged by celebrities in both the United States and European Union against a press corps that continuously invades their private lives. Professor Barnes analyzes doctrinal developments in cases from the United States Supreme Court and the High Courts of Europe. These cases demonstrate that American celebrities are entitled to, but not receiving, the same protections as their European counterparts. In Outrageous Invasions, Professor Barnes explains the value of the rights of the individual to democratic nations. She notes the importance of insuring appropriate protection for freedom of expression and associational freedom through meaningful regulation in the instances when speech rights collide with equally important values such as privacy and equality.
Author: Prof. Mike Feintuck
Publisher: Edinburgh University Press
Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions.The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law.Key Features*Identifies and examines the rationales underlying media regulation and the current challenges to them.*Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions.*Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003.*Accessible to a wide readership in media studies, journalism, broadcasting and law.Praise for the First Edition"e;A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission... it is well organised, and should be a useful resource for more advanced students and academics...for updating the public regulation case with vigour and clarity this book is to be welcomed."e;THES
Privacy and the Media in the Digital Age
Author: George Brock
Category: Social Science
The human race now creates, distributes and stores more information than at any other time in history. Servers store data which can be found on the world wide web years after it has ceased to be accurate or relevant to its original use. These developments have given rise to a movement promoting a ‘right to be forgotten’: an argument that freedom of expression should be balanced by a right to erase information which affects an individual, under certain conditions. This strand of thinking influenced a significant judgement delivered by the European Court of Justice in May 2014. As a result, the dominant internet search engine in Europe, Google, has been required to remove links to hundreds of thousands of pieces of information on application from individuals who considered their interests harmed. This book looks at the implications of this decision for free expression, journalism and information in the digital public sphere. Two rights – free speech and privacy – collide in a new way in age of information saturation. Is the judgement a threat to freedom of information and the accuracy of the historical record or the first step in establishing essential new rights in the digital era
Author: T. Carter,Amy Sanders
Publisher: Foundation Press
This casebook provides a thorough examination of the law of mass media, providing principal court opinions, explanatory text, and questions for discussion. Topics include the American legal system, introduction to freedom of expression, defamation, privacy, liability for emotional and physical harm, copyright and trademark, national security, obscenity and indecency, advertising regulation, press coverage of the administration of justice, confidentiality, newsgathering from non-judicial public sources, ownership of the media and related problems, access to the media, introduction to broadcasting, and legal control of broadcast programming. In this edition, Internet and new media topics, including net neutrality and other current issues, are integrated into the other materials.
The Search for Solutions
Author: Marc Rotenberg,Jeramie Scott,Julia Horwitz
Publisher: New Press, The
The threats to privacy are well known: the National Security Agency tracks our phone calls; Google records where we go online and how we set our thermostats; Facebook changes our privacy settings when it wishes; Target gets hacked and loses control of our credit card information; our medical records are available for sale to strangers; our children are fingerprinted and their every test score saved for posterity; and small robots patrol our schoolyards and drones may soon fill our skies. The contributors to this anthology don’t simply describe these problems or warn about the loss of privacy—they propose solutions. They look closely at business practices, public policy, and technology design, and ask, “Should this continue? Is there a better approach?” They take seriously the dictum of Thomas Edison: “What one creates with his hand, he should control with his head.” It’s a new approach to the privacy debate, one that assumes privacy is worth protecting, that there are solutions to be found, and that the future is not yet known. This volume will be an essential reference for policy makers and researchers, journalists and scholars, and others looking for answers to one of the biggest challenges of our modern day. The premise is clear: there’s a problem—let’s find a solution.