Tugendhat and Christie: the Law of Privacy and the Media Online

Total Page:16

File Type:pdf, Size:1020Kb

Tugendhat and Christie: the Law of Privacy and the Media Online DFwnN (Free pdf) Tugendhat and Christie: The Law of Privacy and The Media Online [DFwnN.ebook] Tugendhat and Christie: The Law of Privacy and The Media Pdf Free From Oxford University Press *Download PDF | ePub | DOC | audiobook | ebooks Download Now Free Download Here Download eBook #6465806 in Books 2016-03-14Original language:EnglishPDF # 1 7.00 x 2.20 x 9.80l, .0 #File Name: 01996857461010 pages | File size: 26.Mb From Oxford University Press : Tugendhat and Christie: The Law of Privacy and The Media before purchasing it in order to gage whether or not it would be worth my time, and all praised Tugendhat and Christie: The Law of Privacy and The Media: 0 of 0 people found the following review helpful. lsquo;THE FOGGY BOUNDARIES BETWEEN PRIVACY AND FREEDOM OF EXPRESSIONrsquo;By Phillip Taylor MBElsquo;THE FOGGY BOUNDARIES BETWEEN PRIVACY AND FREEDOM OF EXPRESSIONrsquo;ARE EXAMINED IN THIS DEFINITIVE WORK OF REFERENCE-- NOW IN A NEW THIRD EDITIONAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersThis book, says co-editor Sir Mark Warby is lsquo;not an academic treatise, but a practitionerrsquo;s textbookrsquo; adding that lsquo;the practitionerrsquo;s insight is an enormously important part of this workrsquo;, newly published by the Oxford University Press.Now in its third edition, this long established and authoritative work of reference is an absolute boon to practitioners in this difficult field where, more often than not, controversies rage. Within its almost 900 pages, the book contains the insightful -- and not altogether non- controversial -- commentary of some twenty-nine erudite contributors, including the two editors and interestingly, nine foreign law contributors from as many jurisdictions ndash; a useful feature here, for comparative lawyers.The wealth of new material and commentary in this edition reflects the significant developments in this area of law that have emerged since the previous edition of 2011. Co-editor Nicole Moreham mentions that in addition to a number of brand new chapters, there is much additional updated content which examines recent issues and events, including the advent of the Independent Press Standards Organisation, formed following the Leveson Inquiry, which, as she points out, was certainly prominent in lsquo;raising public awareness of media privacy issues like never before.rsquo;What is apparently not mentioned here is that little matter of the almost thirty or so journalists who were tried and eventually acquitted, following the expenditure of much time and substantial public money. It could be concluded at least tentatively, that the public do not necessarily agree slavishly with those voices in the legal establishment who are inclined to favour privacy over free speech. (Some observers commented privately that the Leveson Inquiry looked just a little Star Chamber-ish, or for that matter, Inquisition-ish.)What has also been noted, especially by argumentative lawyers, is that there has long been a tradition, or at least a tendency among certain senior elements of the judiciary to support the right to privacy over freedom of expression, often claiming that this is an orthodox view, ostensibly supported by the lsquo;right to a family lifersquo; clause in the Human Rights Act.Examples of the disparity between public opinion and what judges think emerge all the time ndash; like, for instance, the following:lsquo;THREESOME MUST STAY SECRET TO PROTECT COUPLErsquo;S PRIVACY,rsquo; trumpets a headline in the Times of 23/03/16), explaining in the first paragraph that lsquo;hellip;judges (in the Court of Appeal) ruled that a couple could be considered ldquo;committedrdquo; despite having an open relationship. They ruled, writes the Timesrsquo;s legal editor, that the right of (this public figure, an entertainer) to a ldquo;private and family liferdquo; lsquo;outweighed the ldquo;Sun on Sundayrsquo;srdquo; right to publish an article about his adultery, under laws on freedom of expression.rsquo;If by chance you regard this as a judicial assault on the beleaguered Fourth Estate, pity if you will, the poor legal beagles tasked with arguing the case for those poor news hounds who had the temerity to sniff out this juicy story. Perhaps said lawyers should have read this book, especially para 5.144 on page 258 and 11.74 in the excellent article on Justifications and Defences by co-editors Warby and Victoria Shore.The judges in this particular case rejected the public interest argument which supports the principle that the media should be allowed to set the record straight where a public figure has presented a false image to the public. But here, said the judges, lsquo;the individual had not deliberately set out to mislead the public.rsquo;Can one conclude from this that if you are in public life, itrsquo;s OK to present yourself as wholesome when you arenrsquo;t, as long as you havenrsquo;t set out to do it deliberately? Right or wrong, this tortuous argument is almost guaranteed to puzzle the public even more and generate yet more controversy.Clearly, the free speech versus privacy debate is a subject on which just about everyone has an opinion -- which makes the publication of this book all the more timely. Note that it contains extensive commentary on Internet and social media issues which the law still struggles to catch up with. It is an exquisite and unpalatable irony that professional journalists have often had to labour in fear of arrest, while trolls and terrorists continue with impunity, to spread their venom all over the Net under the cloak of anonymity.If you are a practitioner seeking to explore -- in Warbyrsquo;s apt phrase -- lsquo;the foggy boundaries between privacy and freedom of expression,rsquo; this is a book yoursquo;d do well to acquire. Easy to use and extensively footnoted, it presents a rich vein of references for further research. Media lawyers, privacy lawyers, human rights lawyers and yes -- journalists -- will no doubt come to regard it as indispensable.The publication date is cited as at October 2015. 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 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 intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. 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. "Now in its third edition, this long established and authoritative work of reference is an absolute boon to practitioners in this difficult field where, more often than not, controversies rage. Easy to use and extensively footnoted, it presents a rich vein of references for further research. Media lawyers, privacy lawyers, human rights lawyers and yes - journalists - will no doubt come to regard it as indispensable." -Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers from previous edition "Primarily intended as a practitioner's guide to the law, but it includes a consideration of comparative and international jurisprudence, as well as leading academic writing on the subject, in order to elaborate the principles upon which privacy rights are based ... the nearly 800 pages of the book cover surely everything readers ever wanted to know about privacy." - Media Lawyer"...a major work that is likely to become the main guide for those concerned with the development of the law of privacy insofar as it affects the media." - Computer Law and Security Report "The book's most obvious attraction is that it brings together the disparate aspects of English privacy law for the first time, but it has a great deal else to recommend it; the authors outline often confused areas of law succinctly and clearly; they extrapolate creatively from other actions to fill the many gaps left by the privacy cases; and they illustrate convincingly the degree to which the 'new' right of privacy is already entrenched in our law." - Commercial Law Journal (2005; 247)"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) 167About the AuthorEdited by Dr Nicole Moreham, Associate Professor, Associate Professor, Victoria University of Wellington, New Zealand, and Sir Mark Warby, Judge, Judge of the High Court of Justice, Queens Bench DivisionDr Nicole Moreham is an associate Professor of Law at Victoria University of Wellington.
Recommended publications
  • 1 Court of Appeal Found No Love for Topshop Tank
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by CLoK Court of Appeal found no love for Topshop tank: theimage right that dare not speak its name Susan Fletcher Senior Lecturer in Law, University of Central Lancashire Justine Mitchell Associate Lecturer in Law, University of Central Lancashire Subject:Passing Off. Other related subjects: Torts. Image rights.Personalityrights.Publicityrights.Passing off. Tradeconnections.Intellectual property. Keywords:passing off, image rights, personality rights, publicity rights, trade marks, goodwill, misrepresentation, merchandising, endorsements, English law, comparative law, unfair competition, freeriding, unjust enrichment, dilution, monopoly, social media, photograph, Rihanna, Topshop, Fenty, Arcadia Abstract:This article contains an analysis of the first instance and appeal decisions of the “Rihanna case”.In particular, the authors consider the substantive law of passing off in the context of the unauthorised use of a celebrity's image on a Topshop tank vest top. This is followed by a discussionof the consequences of the caseforcelebrities, consumers and stakeholders in theentertainmentand fashion industries. Every time you see me it's a different colour, a different shape, a different style. ....because it really...I/we just go off of instinct. Whatever we feel that very moment, we just go for it. Creatively, fashion is another world for me to get my creativity out.12 1Rihanna quote from the Talk That Talk music video available at www.youtube.com/watch?v=cVTKxwO2UnU
    [Show full text]
  • Fickle Justice: Judicial Idiosyncrasy in UK Privacy Cases
    Fickle Justice: Judicial Idiosyncrasy in UK Privacy Cases PAUL WRAGGt I. INTRODUCTION In 1990, the Federal Court of Australia rejected counsel's submission that English authorities on the "public interest" defense in breach of confidence claims ought to be adopted. The court dismissively described those authorities as "not so much a rule of law as an invitation to judicial idiosyncrasy."' The same comment seems equally applicable today. As is well-established in British common law, when deciding claims for misuse of private information (which replaces breach of confidence),2 the court must decide whether the claimant's reasonable expectation of privacy is outweighed by the contribution to a debate of public interest that the publication makes.3 As the case law shows, this is usually a delicate balance that may involve fine distinctions. Yet despite judicial recognition that the "applicable principles [should] be stated with reasonable clarity ' 4 so as to avoid accusations of judicial idiosyncrasy, the approach taken to determining the question of "public interest" remains an invitation to such, especially where celebrities' private lives are involved. Recent developments suggest broad diversity in the methodology of evaluating the worth of privacy-invading expression in which both skeptical and generous approaches are evident. These idiosyncratic factors are the subject of discussion in this Article.5 By examining the recent case law, it will be argued that since the public interest test pervades a range of measures relating to the misuse of private information tort, the issue of judicial idiosyncrasy must be addressed by an appellate court. The adoption of the skeptical approach as tLecturer in Law, School of Law, University of Leeds, UK.
    [Show full text]
  • Open Justice and Privacy.Pdf
    This is a repository copy of Open Justice and Privacy. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/120650/ Version: Accepted Version Article: Wragg, PM orcid.org/0000-0003-3869-408X (2017) Open Justice and Privacy. Communications Law, 22 (3). pp. 90-98. ISSN 1746-7616 © 2017, Bloomsbury Publishing Limited. This is an author produced version of a paper published in Communications Law. Uploaded in accordance with the publisher's self-archiving policy. Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version - refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher’s website. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ OPEN JUSTICE AND PRIVACY PAUL WRAGG* 1. INTRODUCTION How is the law to react when a claimant wishes to conceal the fact of his arrest for fear that damage to his private and family life and/or reputation would occur if it was known? It is a well-established legal principle that legal proceedings should be heard in public and freely reported.
    [Show full text]
  • Case Number Goes Here
    Case No: HQ16D04146 Neutral Citation Number: [2017] EWHC 1845 (QB) IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION Royal Courts of Justice Strand London WC2A 2LL Wednesday, 17 May 2017 BEFORE: THE HONOURABLE SIR MICHAEL TUGENDHAT ---------------------- BETWEEN: BILAL AHMED Claimant - and - EXPRESS NEWSPAPERS ASSOCIATED NEWSPAPERS LIMITED Defendant ---------------------- MR S AHMED (MYM Solicitors]) appeared on behalf of the Claimant MS C MICHALOS (instructed by Express Newspapers) appeared on behalf of the Defendant MS C EVANS, QC (instructed by ACK MEDIA LAW LLP) appeared on behalf of the Defendant ---------------------- JUDGMENT (As Approved) ---------------------- Digital Transcript of WordWave International Ltd trading as DTI 8th Floor, 165 Fleet Street, London, EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7404 1424 Web: www.dtiglobal.com Email: [email protected] (Official Shorthand Writers to the Court) This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. If this transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person. 1 WordWave International Ltd trading as DTI 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400 | www.DTIGlobal.com 1. THE HONOURABLE MR JUSTICE MICHAEL TUGENDHAT: A report published by the BBC on 4 June 2014 is headed, "Three Guilty in Oxford Teen Sex Attack Case".
    [Show full text]
  • The Impact of the Criminal Law and Money Laundering Measures Upon the Illicit Trade in Art and Antiquities, 16 Art Antiquity & L
    +(,121/,1( Citation: Janet Ulph, The Impact of the Criminal Law and Money Laundering Measures upon the Illicit Trade in Art and Antiquities, 16 Art Antiquity & L. 39 (2011) Provided by: Arthur W. Diamond Law Library, Columbia University Content downloaded/printed from HeinOnline Wed May 29 15:10:28 2019 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at https://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device THE IMPACT OF THE CRIMINAL LAW AND MONEY LAUNDERING MEASURES UPON THE ILLICIT TRADE IN ART AND ANTIQUITIES Janet Ulph* INTRODUCTION A cursory glance at the pages of any daily newspaper will reveal that the theft of works of art and antiquities from private museums and collections is a serious problem. It is estimated that the international trade in looted stolen or smuggled cultural property is worth several billion US dollars per year. ' One needs to look no further than the theft in 2010 of five irreplaceable paintings by Picasso, Matisse, Braque, Modigliani and Leger from the Muse d'Art Moderne in Paris in May 2010.2 The disappearance of these prized objects is a source of distress, not only because those who visit the museum are now deprived of the pleasure of viewing them, but also because of fears that the objects might be damaged in the process of theft, as where a painting is cut from its frame, or that it may subsequently be stored in poor conditions.
    [Show full text]
  • Celebrity Privacy and the Development of the Judicial Concept of Proportionality
    Celebrity privacy and the development of the judicial concept of proportionality: How English law has balanced the rights to protection and interference Robin Callender Smith Queen Mary University of London Centre for Commercial Law Studies Submitted in partial fulfilment of the requirements of the Degree of Doctor of Philosophy Date submitted: 11 August 2014 Examined by viva 6 November 2014 External examiner: Professor Ian Lloyd (Southampton University) Internal examiner: Dr. Andrew Scott (London School of Economics) Passed without corrections Statement of Originality I, Robin Callender Smith, confirm that the research included within this thesis is my own work or that where it has been carried out in collaboration with, or supported by others, that this is duly acknowledged below and my contribution indicated. Previously published material is also acknowledged below. I attest that I have exercised reasonable care to ensure that the work is original, and does not to the best of my knowledge break any UK law, infringe any third party’s copyright or other Intellectual Property Right, or contain any confidential material. I accept that the College has the right to use plagiarism detection software to check the electronic version of the thesis. I confirm that this thesis has not been previously submitted for the award of a degree by this or any other university. The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without the prior written consent of the author. Robin Callender Smith 11 August 2014 2 Details of collaboration and publications R Callender Smith, Press Law (Sweet & Maxwell 1978).
    [Show full text]
  • Breaking News
    BREAKING NEWS First published in Great Britain in 2018 by Canongate Books Ltd, 14 High Street, Edinburgh EH1 1TE canongate.co.uk This digital edition first published in 2018 by Canongate Books Copyright © Alan Rusbridger, 2018 The moral right of the author has been asserted British Library Cataloguing-in-Publication Data A catalogue record for this book is available on request from the British Library ISBN 978 1 78689 093 1 Export ISBN 978 1 78689 094 8 eISBN 978 1 78689 095 5 To Lindsay and Georgina who, between them, shared most of this journey Contents Introduction 1. Not Bowling Alone 2. More Than a Business 3. The New World 4. Editor 5. Shedding Power 6. Guardian . Unlimited 7. The Conversation 8. Global 9. Format Wars 10. Dog, Meet Dog 11. The Future Is Mutual 12. The Money Question 13. Bee Information 14. Creaking at the Seams 15. Crash 16. Phone Hacking 17. Let Us Pay? 18. Open and Shut 19. The Gatekeepers 20. Members? 21. The Trophy Newspaper 22. Do You Love Your Country? 23. Whirlwinds of Change Epilogue Timeline Bibliography Acknowledgements Also by Alan Rusbridger Notes Index Introduction By early 2017 the world had woken up to a problem that, with a mixture of impotence, incomprehension and dread, journalists had seen coming for some time. News – the thing that helped people understand their world; that oiled the wheels of society; that pollinated communities; that kept the powerful honest – news was broken. The problem had many different names and diagnoses. Some thought we were drowning in too much news; others feared we were in danger of becoming newsless.
    [Show full text]
  • Image Right and Copyright Law in Europe: Divergences and Convergences
    Laws 2014, 3, 181–207; doi:10.3390/laws3020181 OPEN ACCESS laws ISSN 2075-471X www.mdpi.com/journal/laws/ Article Image Right and Copyright Law in Europe: Divergences and Convergences Tatiana Synodinou Law Department, University of Cyprus, New University Campus, PO Box 20537, Nicosia 1576, Cyprus; E-Mail: [email protected] Received: 11 March 2014; in revised form: 7 April 2014 / Accepted: 17 April 2014 / Published: 23 April 2014 Abstract: This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law.
    [Show full text]
  • Privacy and Media Intrusion
    House of Commons Culture, Media and Sport Committee Privacy and media intrusion Fifth Report of Session 2002–03 Volume I HC 458-I House of Commons Culture, Media and Sport Committee Privacy and media intrusion Fifth Report of Session 2002-03 Volume I Report, together with formal minutes Ordered by The House of Commons to be printed 21 May 2003 HC 458-I Published on 16 June 2003 by authority of the House of Commons London: The Stationery Office Limited £0.00 The Culture, Media and Sport Committee The Culture, Media and Sport Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Department for Culture, Media and Sport and its associated public bodies. Current membership Mr Gerald Kaufman MP (Labour, Manchester Gorton) (Chairman) Mr Chris Bryant MP (Labour, Rhondda) Mr Frank Doran MP (Labour, Aberdeen) Michael Fabricant MP (Conservative, Lichfield) Mr Adrian Flook MP (Conservative, Taunton) Alan Keen MP (Labour, Feltham and Heston) Miss Julie Kirkbride MP (Conservative, Bromsgrove) Rosemary McKenna MP (Labour, Cumbernauld and Kilsyth) Ms Debra Shipley (Labour, Stourbridge) John Thurso MP (Liberal Democrat, Caithness, Sutherland and Easter Ross) Derek Wyatt MP (Labour, Sittingbourne and Sheppey) Powers The committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at http://www.parliament.uk/parliamentary_committees/culture__media_and_sport.
    [Show full text]
  • As Judith Miller Sat in a Virginia Jail Cell After Her Failed Attempts to Keep
    JOURNAL OF MEDIA LAW & ETHICS Editor ERIC B. EASTON, PROFESSOR OF LAW University of Baltimore School of Law EDITORIAL BOARD MEMBERS BENJAMIN BENNETT-CARPENTER, Special Lecturer, Oakland University (Michigan) WALTER M. BRASCH, Professor of Mass Comm., Bloomsburg University of Pennsylvania L. SUSAN CARTER, Professor, Michigan State University LOUIS A. DAY, Alumni Professor, Louisiana State University ANTHONY FARGO, Associate Professor, Indiana University AMY GAJDA, Assistant Professor, University of Illinois STEVEN MICHAEL HALLOCK, Assistant Professor, Point Park University MARTIN E. HALSTUK, Associate Professor, Pennsylvania State University CHRISTOPHER HANSON, Associate Professor, University of Maryland ELLIOT KING, Professor, Loyola University Maryland JANE KIRTLEY, Silha Professor of Media Ethics & Law, University of Minnesota NORMAN P. LEWIS, Assistant Professor, University of Florida PAUL S. LIEBER, Assistant Professor, University of South Carolina KAREN M. MARKIN, Director of Research Development, University of Rhode Island KIRSTEN MOGENSEN, Associate Professor, Roskilde University (Denmark) KATHLEEN K. OLSON, Associate Professor, Lehigh University RICHARD J. PELTZ, Professor of Law, University of Arkansas-Little Rock School of Law KEVIN WALL SAUNDERS, Professor of Law, Michigan State University College of Law JAMES LYNN STEWART, Associate Professor, Nicholls State University DOREEN WEISENHAUS, Associate Professor, University of Hong Kong KYU HO YOUM, Jonathan Marshall First Amendment Chair Professor, Univ. of Oregon Copyright © 2010. The authors of each of the articles published in this issue own the copyrights to their works. For permission to reprint, please contact them (see title page for contact information). Journal of Media Law & Ethics (ISSN 1940-9370 print; 1940-9389 online) is a peer-reviewed scientific journal that seeks theoretical and empirical manuscripts and book reviews that advance an understanding of media law and ethics and diversity in society.
    [Show full text]
  • City Research Online
    City Research Online City, University of London Institutional Repository Citation: Bennett, T. (2018). Judicial Activism and the Nature of "Misuse of Private Information". Communications Law, 23(2), pp. 74-88. This is the accepted version of the paper. This version of the publication may differ from the final published version. Permanent repository link: https://openaccess.city.ac.uk/id/eprint/20425/ Link to published version: Copyright: City Research Online aims to make research outputs of City, University of London available to a wider audience. Copyright and Moral Rights remain with the author(s) and/or copyright holders. URLs from City Research Online may be freely distributed and linked to. Reuse: Copies of full items can be used for personal research or study, educational, or not-for-profit purposes without prior permission or charge. Provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. City Research Online: http://openaccess.city.ac.uk/ [email protected] Judicial Activism and the Nature of “Misuse of Private Information” Thomas DC Bennett* Introduction Writing in this issue, the former High Court judge, Sir Michael Tugendhat, sets out to correct a popular misunderstanding about the creative nature of the common law judge’s role.1 Those – most prominently, members of the tabloid press – who decry the judicial “activism” that they perceive as having led to the development of stronger privacy protections in English law have misunderstood what it is that common law judges do.
    [Show full text]
  • Discussion Paper on Defamation (DP No 161)
    (DISCUSSION PAPER No 161) Discussion Paper on Defamation discussion paper Discussion Paper on Defamation March 2016 DISCUSSION PAPER No 161 This Discussion Paper is published for comment and criticism and does not represent the final views of the Scottish Law Commission NOTES 1. Please note that information about this Discussion Paper, including copies of responses, may be made available in terms of the Freedom of Information (Scotland) Act 2002. Any confidential response will be dealt with in accordance with the 2002 Act. We may also (i) publish responses on our website (either in full or in some other way such as re-formatted or summarised); and (ii) attribute comments and publish a list of respondents’ names. 2. Where possible, we would prefer electronic submission of comments. A downloadable electronic response form for this paper as well as a general comments form are available on our website. Alternatively, our general email address is [email protected]. 3. Please note that all hyperlinks in this document were checked for accuracy at the time of final draft. 4. If you have any difficulty in reading this document, please contact us and we will do our best to assist. You may wish to note that the pdf version of this document available on our website has been tagged for accessibility. 5. © Crown copyright 2016 You may re-use this publication (excluding logos and any photographs) free of charge in any format or medium, under the terms of the Open Government Licence v3.0. To view this licence visit http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3; or write to the Information Policy Team, The National Archives, Kew, Richmond, Surrey, TW9 4DU; or email [email protected].
    [Show full text]