In December 2000, ten years after the Court of Appeal famously remarked in Kaye v Robertson that 'there is no right to privacy in English law' ([1991] FSR 62), the same court declared 'we have reached a point at which it can be said with confidence that the law recognises and will appropriately protect a right of personal privacy' (Douglas v Hello! Ltd [2001] 2 WLR 992 [110]). What brought about this change of affairs and in what manner might the future law of privacy evolve? A team of barristers from Five Raymond Buildings, the media, entertainment and human rights chambers, have come together to write this timely consideration of the rapidly developing law of privacy in England and Wales.
The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression. Although intended as a practitioners' guide to the law, it 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.;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.
The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as all those with a general interest in the subject. It will be kept up to date with annual supplements.