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Tugendhat and Christie: The Law of Privacy and The Media  2nd Edition

Tugendhat and Christie: The Law of Privacy and The Media, 2nd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199581153
  • Published In: March 2011
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
New Edition is available now !
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  • Description 
  • Contents 
  • Author 
  • Reviews

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  • Established as the standard work of reference on the subject, the book is frequently referred to in argument in privacy cases and extracts have been cited with approval in judgments of the High Court and Court of Appeal
  • Combines practical advice with detailed discussion of the underlying legal principles to provide an authoritative work of reference for practitioners and academics alike
  • Written and edited by a team of over 15 practitioners specializing in media and entertainment law who have been personally involved in most of the recent privacy cases which are considered in the book, therefore offering proven reliability and insider knowledge
  • Includes contributions from a team of foreign law experts from both academic and practitioner backgrounds
  • New chapters include: chapter on the evolving cause of action for invasion of privacy per se; privacy and false light & protection against intrusion; expansion to chapter on media codes and remedies
  • Analyses a vast range of important recent case law including Max Mosley v News Group Newspapers Ltd, the J.K Rowling case and Terry v Persons Unknown and addresses the topic of super-injunctions and gagging orders and the latest proposals for reform of the law in this rapidly-developing and highly controversial field

The first edition of this book quickly established itself as the leading reference work on the rapidly developing law of privacy in England and Wales, and the specialist team of barristers from 5RB(the media, entertainment and human rights chambers) and expert academic foreign law contributors have now prepared a timely new edition. Many of the contributors have appeared or advised in the leading cases which are shaping the law of privacy. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression.

Since the first edition was published the law of privacy has developed considerably. As predicted by the authors, a separate and distinct cause of action, known as "misuse of personal information" has been created, though its precise remit is still being defined by the courts. Alongside this new tort or equitable remedy, traditional causes of action (most notably breach of confidence) remain available to provide remedies for invasions of privacy. The common law continues to be influenced by the competing rights under Articles 8 and 10 of the European Convention on Human Rights and its concurrent Strasbourg jurisprudence and, to a lesser extent, by application of the principles established in the Data Protection Act 1998. The case law is developing on a case by case basis, drawing on comparative legal and academic sources where appropriate. Against this background the debate as to whether Parliament should enact a general law of privacy rumbles on.

Although intended as a practitioners' guide to the law, this major work 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. The structure moves from the historical and contextual, through the academic and comparative, to the practical and developing law. 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 important recent case law is also analysed, including Max Mosley v News Group Newspapers Ltd, the J.K Rowling case and Terry v Persons Unknown. The topic of super-injunctions is addressed as are the latest proposals for reform of the law in this rapidly-developing and highly controversial field.

The work was also cited favourably in the Court of Appeal judgment for KGM v News Group.

This work was also cited favourably in the Court of Appeal judgment for KGM v News Group.
Tugendhat and Christie: The Law of Privacy and the Mediais essential reading for all those who act for or against the media, as well as all those with a general interest in the subject.

Readership: Practitioners (barristers and solicitors of all levels specialising in media and entertainment law or human rights, especially freedom of expression and privacy); In-house lawyers for international, national and local media organisations; Judges, especially (but not restricted to) those who may be asked to determine matters involving the media; Academics who research or teach media law, human rights, civil liberties or constitutional law; Post-graduate/advanced students whose study involves issues relating to the relationship between the individual and the media and undergraduate law and media students whose degree includes a course on media law or privacy.

I SOURCES, PRINCIPLES AND RIGHTS
1: Context and Background
Introduction
Common Law and Equity
Legislation
The Media Codes and the 'New Media'
Reviews and Reform
The European Convention on Human Rights and the Human Rights Act 1998
2: Privacy Rights
Introduction
The Scope of the Privacy Interest
The Rationale for Protecting Privacy
3: Privacy in Europe and the Common Law
Introduction
Sources of English Privacy Law
Privacy in Other Jurisdictions: The Common Law
Privacy in European Civil Law
II PUBLICATION OF PERSONAL INFORMATION
4: Breach of Confidence
Introduction
The Cause of Action for Breach of Confidence: An Overview
Classification of Confidential Information
Criteria for Confidentiality
The Duty of Confidence
5: Misuse of Personal Information
Introduction
Overview of the Cause of Action
When Is There a Reasonable Expectation of Privacy?
Evaluating Article 8 Rights in the 'Ultimate Balancing Test'
6: Data Protection and the Media
Introduction
Data Protection
Data Protection Act 1998
7: Privacy, Defamation and False Facts
Introduction
Protection of Privacy by Defamation Law
Conflict between Defamation and Privacy
8: Publication of Personal Information: Special Issues
Introduction
Elements of Wrongful Disclosure of Private Information
Rights and Enforcement
IIII COMMERCIAL RIGHTS AND INTRUSION
9: Copyright, Moral Rights, and the Right 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 the Privacy Rights of Third Parties
Moral Rights
Publicity Rights
10: Intrusion
Introduction
Common Law Protection against Intrusion
Legislative Protection against Intrusion
Scope for Developing an Intrusion Tort
IV PRIVACY REGULATION
11: The Privacy Codes
Introduction
The Human Rights Act 1998
The Data Protection Act 1998
Judicial Remedy or Regulatory Complaint
The Regulatory Bodies
The Codes and Adjudications
The Regulatory Bodies as Public Authorities
Application of the Codes to 'New Media'
V DEFENCES
12: Justifications and Defences
Introduction
Defences of General Application
Defences to Claims for Disclosure of Private Facts
Defences to Claims for Intrusive Acts
Defences to False Light Claims
Defences to Appropriation of Name or Likeness Claims
Limitation of Actions
VI REMEDIES
13: Remedies
Introduction
Human Rights Act 1998, s12
Injunctions
Damages
Other Remedies
VII THE ACTION
14: Privacy and Procedure in Privacy Cases
Introduction
Who? Claimants, Defendants and Others
What? Remedies, Routes, Causes of Action, and Applicable Law
When? Timing and Limitation
Where? Jurisdiction and Venue
How? Conduct of the Action
15: Privacy in Court Proceedings
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
VIII THE PRIVACY RIGHTS OF THE MEDIA
16: Protection of Journalistic Material
Introduction
Protection of Sources: The Common Law
Contempt of Court Act 1981, s10
Access to Journalists' Sources: Statutory Powers

Edited by Mark Warby QC, Barrister, 5RB, London, Dr Nicole Moreham, Senior Lecturer, Victoria University, Wellington, New Zealand, and Iain Christie, Barrister, 5RB, London

Consultant Editor: Sir Michael Tugendhat, Judge of the High Court Queen's Bench

Contributors: 

Jonathan Barnes
Stephen Bate
Iain Christie
Anna Coppola
David Hirst
Andrew Monson
Nicole Moreham
Patrick McCafferty
Richard Munden
Matthew Nicklin
HH Judge Richard Parkes QC
James Price QC
Adam Speker
Yuli Takatsuki
Mark Warby QC
Adam Wolanski

Foreign Law Contributors:

New Zealand: Dr Nicole Moreham (editor)

Canada: Dr Barbara von Tigesrtrom BA (Alberta), MA (Toronto), LLB (Toronto), Ph.D (Cantab)
Associate Professor, University of Saskatchewan

Ireland: Dr Eoin O'Dell BCL(NUI), BCL(Oxon), PhD (Cantab), FTCD
Fellow and Senior Lecturer in Law, Trinity College Dublin

Australia: Professor Megan Richardson LLB, BA (VUW), LLM (Brussels), LLM (Yale)
University of Melbourne
Assisted by Michael Rivette, Barrister, Chancery Chambers, Melbourne, and Karin Clark, Special Counsel, Allens Arthur Robinson, Melbourne.

Germany: Björn Raap
Dipl-Jur (University of Göttingen), LLM (VUW)
legal trainee at Hamburg High Court

France: Dr Eva Steiner
Senior Lecturer and the Director of the LLB in English Law and French Law
King's College London

Scotland: Roddy Dunlop LLB (Hons); DipLP
Axiom Advocates, Edinburgh

South Africa: Professor Iain Currie BA Hons (Witwatersrand) MA LLB (Cape Town)
University of Witwatersrand, Johannesburg

United States: Victor Kovner
Davis Wright Tremaine, New York 

"iTugendhat and Christie's The Law of Privacy and Mediar remains a valuable and comprehensive practitioners' reference book with a particularly useful comparative element in international jurisprudence, elaborating on the principles of privacy laws in other countries." - Ursula Smartt, Entertainment Law Review

"The second edition maintains the high standards of the first and out to ensure this title retains its status as a work of unparalleled ambition and excellence." - Paul Wragg

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