Freedom of expression is a fundamental right at the heart of any
democratic society. It is, however, inevitably restricted by other
important values, including the right to privacy: the control
individuals exercise over their sensitive personal information. The
English law, since the enactment of the Human Rights Act 1998, has
undergone a tectonic shift in its recognition of this right protected
by Article 8 of the European Convention on Human Rights (ECHR) which
the Act assimilated into domestic law. The new civil wrong, 'misuse of
private information,' now affords greater protection to an
individual's 'private and family life, home and correspondence.' The
press is, of course, no longer the principal purveyor of news and
information. The Internet offers abundant opportunities for the
dissemination of news and opinions, including the publication of
intimate, private facts. Social media, blogs, and other online sites
are accessible to all. Indeed, the fragility of privacy online has led
some to conclude that it is no longer capable of legal protection.
This book examines the right of privacy from a legal, philosophical,
and social perspective, tracing its genesis in the United States,
through the development of the law of confidence, and its recent
recognition by the Human Rights Act. The English courts have boldly
sought to offer refuge from an increasingly intrusive media. Recent
years have witnessed a deluge of civil suits by celebrities seeking to
salvage what remains of their privacy. An extensive body of case law
has appeared in many common law jurisdictions over the last decade,
which shows no sign of abating. The Leveson Inquiry into the culture,
practices, and ethics of the press, sparked by the hacking of
telephones by newspapers, revealed a greater degree of media intrusion
than was previously evident. Its conclusions and recommendations,
particularly regarding the regulation of the media, are examined, as
well as the various remedies available to victims of intrusion and
unsolicited publicity. The law is locked in a struggle to reconcile
privacy and free speech, in the face of relentless advances in
technology. The manner in which courts in various jurisdictions have
attempted to resolve this conflict is critically investigated, and the
prospects for the protection of privacy are considered.
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Produktdetaljer
ISBN
9780191645907
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter