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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Privacy and Press Freedom

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ISBN13: 9781854314543
ISBN: 1854314548
Published: March 1995
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print

The Englishman's home is his castle, or so generations of Britons have thought. The British have long been obsessed with privacy and this obsession has provoked considerable debate amongst legislators, lawyers and the media. In recent years, the controversy has raged on, with, on one hand, the media claiming public interest, and on the other, public figures claiming invasion of their privacy.

This title argues that the freedom of the press can be reconciled with the right of privacy. Following an account of the justifications for free speech and privacy and a careful analysis of the law, the author argues that the combined force of three recent developments provides adequate means for the exercise of judicial recognition of an individual's right to privacy: the expanding remedy for breach of confidence the revived action for the infliction of emotional distress and the growing influence of international recognition of ""privacy"", especially the jurisprudence of the European Convention of Human Rights.

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Introduction: privacy postponed; the American law; the international dimension.
Part 1 Privacy and press freedom: freedom of speech; press freedom; the First Amendment; restrictions on reporting.
Part 2 Privacy and the Common Law: breach of confidence; intentional infliction of emotional distress; defamation.
Part 3 Privacy and the public interest: breach of confidence and the public interest; the American law; proposals for reform in England.
Part 4 Media intrusion: the United States; England.
Part 5 Remedies: trespass and nuisance; breach of confidence; other remedies
Part 6 The future.