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.
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.
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."
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.
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.
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.
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.
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.
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
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.
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.
This title addresses the key legal issues impacting on today's journalist. The book acts as an invaluable text for those studying media studies, journalism, a media module of a law course, as well as for trainee and practising journalists.
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
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
Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in New Zealand surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalistsand’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitionerand’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.
In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society’s interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a ‘right to be forgotten’, Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.
AUSTRALIAN MEDIA LAW details and explains the complex case law, legislation and regulations governing media practice in areas as diverse as journalism, advertising, multimedia and broadcasting. It examines the issues affecting traditional forms of media such as television, radio, film and newspapers as well as for recent forms such as the internet, online forums and digital technology, in a clear and accessible format.