Comparative Media Law and Ethics by Tim Crook

Companion website for

COMPARATIVE MEDIA LAW & ETHICS

by TIM CROOK

Published by Routledge on 15th December 2009

For details of the book, please visit Routledge.

Author's profile at Goldsmiths, University of London

 

Privacy Law

 

The Privacy rights of Individuals caught up in public events. Contrasting
US and European media law

A summary of the UK privacy case of Max Mosley v News of the World 2008

A summary of the US privacy Supreme Court case in Florida Star v B.J.F. 1989

A summary of the US privacy Supreme Court case in Bartnicki et al v Vopper
et al 2001

European Convention on Human Rights: Privacy V. Freedom of Expression

‘Wikipedia sued by German killers in privacy claim- Two men claim that article on online encyclopaedia Wikipedia infringes their right to privacy’ Guardian article 13th November 2009

Debate on wikipedia administrators’ bulletin board

The Electronic Frontier Foundation, an online civil liberties group, condemns the transnational censorship

Summary of Karako v Hungary ECHR April 2009. Seven judge court in the second chamber. Seeking the right to reputation remedy in Article 8 Privacy.

A summary of the UK case of Media Access to the English Court of Protection. Independent News and Media Ltd and others - and - ‘A’ (by his litigation friend the Official Solicitor) before Mr Justice Hedley 12th November 2009.

Privacy and the United Kingdom: Crossroads at the ECHR. Analysis of Strasbourg appeals in the Campbell v MGN and Mosley v News of the World privacy cases.

The impact of the European Court of Human Rights in Strasbourg on UK law, politics and society.

Important ECHR case Z v Finland 1997- privacy of HIV positive people in court rulings.

In the Maxine Carr case at page 258 the book states that ‘The police did not allege that she had any knowledge of the crimes that he had committed.’ The intention behind this sentence was to emphasize that the police did not accuse her of having any involvement in the murders of Holly Wells and Jessica Chapman. It is a fact that during the trial at the Central Criminal Court she did face the charge of ‘assisting an offender,’ and the jury acquitted her of this charge. When summing up the judge, Mr Justice Moses, had directed the jury that when considering the charge of assisting an offender: ‘The prosecution must make you sure that she knew or believed at the time she told the lies that he was guilty of murder or manslaughter.’
Daily Mail’s report of the judge’s summing up.
The case against Maxine Carr. BBC Online report from the trial 17th December 2003.

In January 2010 there have been 3 significant UK cases giving priority to freedom of expression over privacy. This may be part of a trend involving the British courts recognising the need to assert and support the idea that there should be a ‘particular regard for freedom of expression’ as indicated by Section 12.4 of the Human Rights Act 1998 and a greater importance given to media rights as part of the consideration of freedom of expression as a pressing social need and democratic necessity.

Lord Rodger giving the ruling of a 7 Justice panel UK Supreme Court in Guardian News et al in HM Treasury v Ahmed et al stated that the identity of parties in any legal case should only be anonymised in the most exceptional of circumstances i.e. where there was proven threat to life as a result of publicity.

Mr Justice Tugendhat has given priority to freedom of expression in two injunction/prior restraint cases. In Doncaster Council v BBC he lifted an injunction on reporting a confidential report about two young people convicted of a sadistic attack on two victims the same age.

In LNS and Persons Unknown he lifted an injunction on an injunction (otherwise known as a superinjunction) that enabled the media to report an allegation that the captain of the Chelsea and England soccer teams, John Terry had had an extra-marital affair with the girlfriend of a former team-mate.

 

 

Joshua Rozenberg is a highly respected and leading long-standing UK legal affairs correspondent. He pioneered legal affairs reporting at the BBC, and has an excellent blog in Standpoint magazine.

He has made a significant contribution to the scholarship and analysis of UK privacy law with his book (now into its second edition) ‘Privacy and the Press’.

Available at amazon.co.uk.


 

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