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Tugendhat and Christie: The Law of Privacy and The Media

Format: Hardback
Publisher: Oxford University Press, Oxford, United Kingdom
Published: 21st Jan 2016
Dimensions: w 182mm h 249mm d 54mm
Weight: 1778g
ISBN-10: 0199685746
ISBN-13: 9780199685745
Barcode No: 9780199685745
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Synopsis
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.

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Mar 26th 2016, 20:11
‘THE FOGGY BOUNDARIES BETWEEN PRIVACY AND FREEDOM OF EXPRESSION’
Awesome - 10 out of 10
‘THE FOGGY BOUNDARIES BETWEEN PRIVACY AND FREEDOM OF EXPRESSION’
ARE EXAMINED IN THIS DEFINITIVE WORK OF REFERENCE-- NOW IN A NEW THIRD EDITION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

This book, says co-editor Sir Mark Warby is ‘not an academic treatise, but a practitioner’s textbook’ adding that ‘the practitioner’s insight is an enormously important part of this work’, 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 – 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 ‘raising public awareness of media privacy issues like never before.’

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 ‘right to a family life’ clause in the Human Rights Act.

Examples of the disparity between public opinion and what judges think emerge all the time – like, for instance, the following:

‘THREESOME MUST STAY SECRET TO PROTECT COUPLE’S PRIVACY,’ trumpets a headline in the Times of 23/03/16), explaining in the first paragraph that ‘…judges (in the Court of Appeal) ruled that a couple could be considered “committed” despite having an open relationship. They ruled, writes the Times’s legal editor, that the right of (this public figure, an entertainer) to a “private and family life” ‘outweighed the “Sun on Sunday’s” right to publish an article about his adultery, under laws on freedom of expression.’

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, ‘the individual had not deliberately set out to mislead the public.’

Can one conclude from this that if you are in public life, it’s OK to present yourself as wholesome when you aren’t, as long as you haven’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 Warby’s apt phrase -- ‘the foggy boundaries between privacy and freedom of expression,’ this is a book you’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.
Newspapers & Magazines
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 * Review 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) 167 *