The Law of Privacy and The Media, 4th Edition

Author: Adam Speker KC; Nicole Moreham
Publisher: Oxford University Press
ISBN: 9780192871107

Previous Edition ISBN: 9780199685745
Published In: November 2024
Format: Hardback , 944 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$910.00

AU$882.70 Save AU$27.30 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Written by a specialist team of academics and media barristers, 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 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 4th edition of The Law of Privacy and the Media has been fully updated to address numerous changes to the legal landscape since the last edition, including the impact of Brexit on privacy protection. The book provides detailed but accessible chapters on GDPR and 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. It deals in detail with practice in media law cases, including how to obtain and challenge derogations from open justice, harassment by speech, data protection law as it relates to the media, and the media regulatory codes, covering OFCOM and IPSO decisions.

Since the publication of the first edition in 2002, The Law of Privacy and The Media has established itself as the leading reference work on the rapidly developing law of privacy in England and Wales. It has been frequently referred to in privacy cases, with extracts cited with approval in judgments at all levels. This new edition brings the work fully up to date offering detailed, practical, and authoritative guidance, essential for practitioners in this area.

PART I: SOURCES, PRINCIPLES AND RIGHTS
1. Context
Introduction
Common law and equity
Legislation
Media codes
Reviews, reform and academic writing
European Convention on Human Rights and HRA
2. Privacy rights
The theoretical context
The privacy interests
The importance of privacy
3. Sources
Introduction
Human Rights Conventions
England and Wales
European Convention
United States
France
Germany
Ireland
New Zealand
Australia
South Africa
Canada

PART II: MISUSE OF PERSONAL INFORMATION
4. Breach of confidence
Introduction
The cause of action for breach of confidence: an overview
Confidence, personal information and the media
Types of information protected in confidence
Criteria for confidentiality
The duty of confidence
5. Breach of privacy
Introduction
Overview of the breach of privacy action
Scope of the reasonable expectation of privacy
Balancing article 8 and article 10
6. Data Protection and the Media
Introduction
Data Protection
Data Protection Act 1998
7. Publication of personal information: special issues
Introduction
The types of information
Dissemination of private information
Liability for publication

PART III: PRIVACY AND REPUTATION
8. Privacy and defamation
Introduction
Protection of privacy by defamation law
Conflict between defamation and privacy
Malicious falsehood
Foreign models for the possible development of defamation law to accommodate a right to privacy
French law of privacy and defamation
9. Privacy and false facts
Introduction
Can false facts be private?
The American false light tort
A false light tort for England?

PART IV: PRIVACY AND PUBLICITY RIGHTS
10. Copyright, moral rights and the rights to one's image
Introduction
Privacy interests and copyright subject matter
The limitations on exclusive rights for news reporting and other publication
The collision between copyright and privacy rights of third parties
Moral rights
Publicity rights

PART V: INTRUSION
11. Protection against intrusion
Introduction
Common law protections
Statutory protections
Media codes
The desirability of an intrusion tort

PART VI: PRIVACY PROTECTION IN THE MEDIA CODES
12. The Privacy Codes
Introduction
The Human Rights Act 1998
The Data Protection Act 1998
The regulatory bodies
The codes and adjudications
The regulatory bodies as public authorities

PART VII: DEFENCES
13. Defences
Introduction
Defences of general application: consent, estoppel, change of position
Waiver of rights
Defences to intrusive acts
Defences to claims for disclosure of private facts
Defences to 'false light' claims
Defences to appropriation of name and likeness claims
Commentary and future directions
Limitation of actions

PART VIII: REMEDIES
14. Remedies
Introduction
Section 12 HRA
Injunctions
Financial remedies
Other remedies

PART IX: PROTECTION OF COURT RECORDS AND JOURNALISTIC SOURCES
15. Privacy and procedure
Introduction
Physical access to the courtroom
Control of access to court documents
Restrictions on the reporting of proceedings held in private
Restrictions on the reporting of proceedings held in public
Restrictions on the use of material that is disclosed in the course of court proceedings
Reporting restrictions in privacy cases