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Borderlines in Private Law

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This book is now Out of Print.
A new edition was published, see:
Tugendhat and Christie: The Law of Privacy and The Media 2nd ed isbn 9780199581153

The Law of Privacy and the Media


ISBN13: 9780199254309
ISBN: 0199254303
New Edition ISBN: 9780199581153
Published: November 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



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.

Contents:
PART I: SOURCES, PRINCIPLES, AND RIGHTS; 1 Context and Background; 2 Principles and Sources; 3 Privacy Rights
PART II: PERSONAL INFORMATION; 4 Publication of Personal Information; 5 Data Protection and the Media
PART III: CAUSES OF ACTION; 6 Privacy and Confidentiality; 7 Privacy and Defamation; 8 Privacy, Copyright, and Moral Rights
PART IV: DEFENCES; 9 Justifications and Defences
PART V: REMEDIES; 10 Remedies
PART VI: ISSUES OF SPECIAL INTEREST TO THE MEDIA; 11. Freedom of Information and Newsgathering; 12. Privacy and the Administration of Justice; 13. The Privacy Codes; 14. Protection of Journalistic Material; APPENDICES: RELEVANT EXTRACTS FROM KEY MEDIA AND HUMAN RIGHTS LEGISLATION ; CONTRIBUTORS: MICHAEL TUGENDHAT QC; DESMOND BROWNE QC; JAMES PRICE QC; RICHARD PARKES; MARK WARBY; STEPHEN BATE; ANDREW MONSON; IAIN CHRISTIE; ALEXANDRA MARZEC; DAVID SHERBORNE; JUSTIN RUSHBROOKE; MATTHEW NICKLIN; JONATHAN BARNES; GODWIN BUSUTTIL; ADAM WOLANSKI; WILLIAM BENNETT; JACOB DEAN; ANNA COPPOLA; SARA MANSOORI; ADAM SPEKER; SAPNA JETHANI