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.
A specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) have come together to write this timely consideration of the rapidly developing law of privacy in England and Wales. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression. Although intended as a practitioners' guide to the law, it 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 guide the development of English law in the years ahead. At the heart of the book is an explanation of existing causes of action which may be used to protect personal privacy and 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 vast range of case law is also analysed, including 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 all those with a general interest in the subject. The inclusion of the second cumulative supplement in this set brings the complete work up to date to August 2005.
Mark Warby QC,Dr Nicole Moreham,Iain Christie,Sir Michael Tugendhat
Author: Mark Warby QC,Dr Nicole Moreham,Iain Christie,Sir Michael Tugendhat
Publisher: OUP Oxford
This book offers a comprehensive guide to the law on privacy and the media. It considers how the law protects the publication of personal information without undermining the fundamental doctrine of freedom of expression and is an essential reference work for those who act for or against the media, and those with a general interest in the subject.
A Guidebook for Communication Students and Professionals
Category: Social Science
Social media platforms like Facebook, Twitter, Pinterest, YouTube, and Flickr 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? In Social Media and the Law, eleven media law scholars address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and WikiLeaks. 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.
A string of high profile law suits has drawn attention to a rapidly developing and controversial branch of media law – the use of privacy injunctions to restrain publication of information relating to the private lives of individuals. The purpose of this book is to set out the law relating to privacy injunctions, and best practice in relation to seeking or opposing this form of relief. Such best practice is targeted not just at litigators. This book is aimed also at journalists who are the watchdogs of the freedoms of our society, and other organs of the media. The text is broken down into easily manageable sections, with numerous check-lists and quality control protocols. Applications in the Queen's Bench Division (including personal injury), Family Division (including the President's "Media guidance†? and "Reporting Restriction Orders†?) and "harassment†? are covered, together with a "journalists' check-list†?. The book reflects the agenda (included in the foreword to the book) set by Lord Neuberger's Report of 2011 ("Report of the Committee on Super-Injunctions†?).
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.
Some would argue that scarcely a day passes without a new assault on our privacy. In the wake of the whistle-blower Edward Snowden's revelations about the extent of surveillance conducted by the security services in the United States, Britain, and elsewhere, concerns about individual privacy have significantly increased. The Internet generates risks, unimagined even twenty years ago, to the security and integrity of information in all its forms. The manner in which information is collected, stored, exchanged, and used has changed forever; and with it, the character of the threats to individual privacy. The scale of accessible private data generated by the phenomenal growth of blogs, social media, and other contrivances of our information age pose disturbing threats to our privacy. And the hunger for gossip continues to fuel sensationalist media that frequently degrade the notion of a private domain to which we reasonably lay claim. In the new edition of this Very Short Introduction, Raymond Wacks looks at all aspects of privacy to include numerous recent changes, and considers how this fundamental value might be reconciled with competing interests such as security and freedom of expression. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The last twenty years have seen rapid development of the equitable action for breach of confidence. The Spycatcher saga of the late 1980s led to the restatement of the fundamental principles. There was increasing concern about press intrusion, and the need to protect privacy rights guaranteed by Article 8 of the European Convention in the wake of the Human Rights Act 1998. Against that background, a number of high-profile cases-such as Campbell v MGN Ltd (2004)-explored how common law principles laid down in the nineteenth century might be adapted to twenty-first century conditions. How far will the law go in protecting privacy? Meanwhile, in the "information age??, the law has had to grapple-for instance in Douglas v Hello! Ltd (2007)-with how best to protect the commercially valuable information and when it should assist those who wish to exploit it. The result has been rapid development of the law in many diverse areas. The Law of Confidentiality: A Restatement goes behind the mass of cases to tease out the fundamental principles underlying the modern law. It examines the central questions of substance: the circumstances in which information is protected by law, and how it responds to conflicting public interests. It also looks at the important practical questions of procedure and remedies. It aims to be useful to those looking for a guide to the main principles and controversies in the field, and also to the practising lawyer looking for a clear statement of the basic principles.
More than merely describing developments in the field of civil liberties and human rights, this comprehensive and challenging textbook provides students with detailed and thought-provoking coverage and analysis of the impact of the Human Rights Act 1998 in an era in which human rights are coming increasingly under pressure. Extensively re-written and updated since the last edition, here Helen Fenwick considers the impact of the Human Rights Act 1998, paying particular attention to Labour legislation, especially in the fields of criminal justice and terrorism. This book: considers recent key domestic decisions in the post-Human Rights Act era, including Campbell, A and Others v Secretary of State for the Home Dept, Ghaidan v Mendoza, R(Gillan) v Commisioner of Police of the Metropolis contains a new chapter on important developments in counter-terrorism law – covering the Anti-Terrorism Crime and Security Act 2001 and the Terrorism Acts 2005 and 2006 analyzes key developments in the sphere of media freedom, including the impact of the Communications Act 2003, Pro-life Alliance and Campbell explores new developments in criminal justice, including the Serious and Organized Crime Act 2005 addresses the changes in the field of anti-discrimination law, including the Sexual Orientation Regulations 2003 and Equality Act 2006. This textbook is an essential resource for students studying the development of human rights and civil liberties in the early years of the twenty-first century.
Tom Crone's classic text has been thoroughly revised by an impressive team of legal experts. It provides an essential source of reference for the key legal issues encountered by those who work in the media such as journalists, editors and producers, as well as media lawyers. Topics covered include: Protection of Reputation Copyright and Rights Clearance New Media Breach of Confidence and Privacy The Data Protection Act 1998 Reporting Restrictions, Contempt of Court and Protection of Journalistic Sources The Freedom of Information Act 2000 and Official Secrets Professional Regulatory Bodies and Advertising The Human Rights Act 1998 The Law in Scotland and the United States of America Comprehensive supplementary reference material is also provided, including a glossary of legal terms, addresses, telephone numbers and web sites of professional bodies, and specimen agreements including interview agreements and moral rights waivers. With contributions from: Terence Bergin, Marietta Cauchi, Jane Colston, Mark Cranwell, Charles de Fleurieu, Simon Dowson-Collins, David Green, Peter Grundberg, Rebecca Handler, Joanna Ludlam, Rosalind McInnes, Hugh Tomlinson and John Wadham.
Providing a comprehensive overview of both the theory and reality of privacy and the media in the 21st Century, Privacy and the Media is not a polemic on privacy as ‘good’ or ‘bad’, but a call to assess the detail and the potential implications of contemporary media technologies and practices.
Great Britain: Parliament: House of Commons: Culture, Media and Sport Committee
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."
Dealing with rights and developments at the margin of classic intellectual property, this fascinating book explores emerging types of regulations and how existing IP regimes inform and influence the judicial and legislative creation of _substitute‘ IP
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.
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.
In a time in which new technologies make it easy to gather and process data, the discussion on privacy tends to focus exclusively on the protecting of personal data. To Serge Gutwirth, privacy involves far more. He advances the intriguing thesis that privacy is in fact the safeguard of personal freedom--the safeguard of the individual's freedom to decide who she or he is, what she or he does, and who knows about it. Any restriction on privacy thus means an infringement of personal freedom. And it's exactly this freedom that plays an essential role in every democracy.
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.