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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Tugendhat and Christie: The Law of Privacy and The Media 3rd ed isbn 9780199685745

Tugendhat and Christie: The Law of Privacy and The Media 2nd ed


ISBN13: 9780199581153
New Edition ISBN: 9780199685745
Previous Edition ISBN: 9780199283439
Published: March 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



The first edition of this book quickly established itself as the leading reference work on the rapidly developing law of privacy in England and Wales, and the specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) and expert academic foreign law contributors have now prepared a timely new edition.

Many of the contributors have appeared or advised in the leading cases which are shaping the law of privacy. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression.

Since the first edition was published the law of privacy has developed considerably. As predicted by the authors, a separate and distinct cause of action, known as "misuse of personal information" has been created, though its precise remit is still being defined by the courts. Alongside this new tort or equitable remedy, traditional causes of action (most notably breach of confidence) remain available to provide remedies for invasions of privacy.

The common law continues to be influenced by the competing rights under Articles 8 and 10 of the European Convention on Human Rights and its concurrent Strasbourg jurisprudence and, to a lesser extent, by application of the principles established in the Data Protection Act 1998. The case law is developing on a case by case basis, drawing on comparative legal and academic sources where appropriate. Against this background the debate as to whether Parliament should enact a general law of privacy rumbles on.

Although intended as a practitioners' guide to the law, this major work 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. The structure moves from the historical and contextual, through the academic and comparative, to the practical and developing law. 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. A vast range of important recent case law is also analysed, including Max Mosley v News Group Newspapers Ltd, the J.K Rowling case and Terry v Persons Unknown. The topic of super-injunctions is addressed as are the latest proposals for reform of the law in this rapidly-developing and highly controversial field.

Subjects:
Human Rights and Civil Liberties, Media and Entertainment Law
Contents:
I SOURCES, PRINCIPLES AND RIGHTS
1: Context
Introduction
Common law and equity
Legislation
Media codes
Reviews, reform and academic writing
European Convention on Human Rights and HRA
2: Privacy rights
The theoretical context
The privacy interests
The importance of privacy
3: Sources
Introduction
Human Rights Conventions
England and Wales
European Convention
United States
France
Germany
Ireland
New Zealand
Australia
South Africa
Canada
II MISUSE OF PERSONAL INFORMATION
4: Breach of confidence
Introduction
The cause of action for breach of confidence: an overview
Confidence, personal information and the media
Types of information protected in confidence
Criteria for confidentiality
The duty of confidence
5: Breach of privacy
Introduction
Overview of the breach of privacy action
Scope of the reasonable expectation of privacy
Balancing article 8 and article 10
6: Data Protection and the Media
Introduction
Data Protection
Data Protection Act 1998
7: Publication of personal information: special issues
Introduction
The types of information
Dissemination of private information
Liability for publication
III PRIVACY AND REPUTATION
8: Privacy and defamation
Introduction
Protection of privacy by defamation law
Conflict between defamation and privacy
Malicious falsehood
Foreign models for the possible development of defamation law to accommodate a right to privacy
French law of privacy and defamation
9: Privacy and false facts
Introduction
Can false facts be private?
The American false light tort
A false light tort for England?
IV PRIVACY AND PUBLICITY RIGHTS
10: Copyright, moral rights and the rights to one's image
Introduction
Privacy interests and copyright subject matter
The limitations on exclusive rights for news reporting and other publication
The collision between copyright and privacy rights of third parties
Moral rights
Publicity rights
V INTRUSION
11: Protection against intrusion
Introduction
Common law protections
Statutory protections
Media codes
The desirability of an intrusion tort
VI PRIVACY PROTECTION IN THE MEDIA CODES
12: The Privacy Codes
Introduction
The Human Rights Act 1998
The Data Protection Act 1998
The Data Protection Act 1998
The regulatory bodies
The codes and adjudications
The regulatory bodies as public authorities
VII DEFENCES
13: Defences
Introduction
Defences of general application: consent, estoppel, change of position
Waiver of rights
Defences to intrusive acts
Defences to claims for disclosure of private facts
Defences to 'false light' claims
Defences to appropriation of name and likeness claims
Commentary and future directions
Limitation of actions
VIII REMEDIES
14: Remedies
Introduction
Section 12 HRA
Injunctions
Financial remedies
Other remedies
IX PROTECTION OF COURT RECORDS AND JOURNALISTIC SOURCES
15: Privacy and procedure
Introduction
Physical access to the courtroom
Control of access to court documents
Restrictions on the reporting of proceedings held in private
Restrictions on the reporting of proceedings held in public
Restrictions on the use of material that is disclosed in the course of court proceedings
Reporting restrictions in privacy cases