Media Freedom under the Human Rights Act

Author: Helen Fenwick; Gavin Phillipson
Publisher: Oxford University Press
ISBN: 9780406942890
Published In: August 2006
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Offers comprehensive coverage of major media law topics, including privacy, contempt, copyright, official secrecy and freedom of information, content regulation of broadcasters, and political defamation
Takes a comparative approach to consider the impact of the Human Rights Act on these areas, written by leading experts on the Act
Includes detailed discussion of recent key cases and legislative developments to early 2006
Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media.

Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act.

The authors - both leading academics in the field - have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era.

The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.

Readership: This book will be of interest to students of media law and to academics and practitioners working in this area.

1.: Introduction
Part 1 - Article 10 European Convention on Human Rights and the Human Rights Act
2.: Strasbourg, media freedom and proportionality: Article 10 of the European Convention on Human Rights
3.: The Human Rights Act in the context of media freedom
Part 2 - The administration of justice and media freedom; fairness of proceedings; the open justice principle
4.: Introduction: free speech and fair trial values
5.: Free speech and fair trials: reporting restrictions
6.: Free speech and fair trials: prejudicing proceedings
7.: Protection of journalistic sources
Part 3 - Media freedom, offence, morality and hate speech
8.: Pornography: hate speech?
9.: Blasphemy, racial hatred and religious hatred
10.: Censorship and regulation of the visual media on the ground of avoiding offence: general issues of law and policy
11.: Regulating broadcasting on grounds of avoiding offence
12.: Regulation of films, videos and the internet
Part 4 - Media freedom and the protection of privacy
13.: Privacy and freedom of expression: Strasbourg jurisprudence in UK courts
14.: Protection for privacy against the press in the Human Rights Act era
15.: Defences to the tort of misuse of private information and remedies
16.: Restrictions protecting the private and family life of children
17.: Regulation of the broadcast media and the protection of privacy
Part 5 - Copyright and media freedom
18.: Copyright law, Article 10 and media freedom
Part 6 - Media freedom and political speech
19,: Official secrecy, access to information and the media
20.: Freedom of political expression in broadcasting
21.: Defamation and political speech
22.: Conclusions

Helen Fenwick, Professor of Law, University of Durham, and Gavin Phillipson, Professor of Law, University of Durham

""It is a real joy to find a text that authoritatively analyses an area and then presents it in a stimulating and accessible way that shares the authors' passion for their field. This text is a 'must buy' for anyone who shares a modicum of the passion that Fenwick and Phillipson ooze through the pags of this book." Chris Ashford, University of Sunderland, The Law Teacher, Volume 41 Number 1"

""This is a splendid book in which the authors bravely tackle a huge subject; the effects of the Human Rights Act have been felt in all areas of media law." Tom Welsh, Media Lawyer, May 2007"