Established as the standard work of reference on the subject, the book is frequently referred to in argument in privacy cases and extracts have been cited with approval in judgments of the High Court and Court of Appeal
Combines practical advice with detailed discussion of the underlying legal principles to provide an authoritative work of reference for practitioners and academics alike
Written and edited by a team of over 15 practitioners specializing in media and entertainment law who have been personally involved in most of the recent privacy cases which are considered in the book, therefore offering proven reliability and insider knowledge
Includes contributions from a team of foreign law experts from both academic and practitioner backgrounds
New chapters include: chapter on the evolving cause of action for invasion of privacy per se; privacy and false light & protection against intrusion; expansion to chapter on media codes and remedies
Analyses a vast range of important recent case law including Max Mosley v News Group Newspapers Ltd, the J.K Rowling case and Terry v Persons Unknown and addresses the topic of super-injunctions and gagging orders and the latest proposals for reform of the law in this rapidly-developing and highly controversial field
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 5RB(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.
Tugendhat and Christie: 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.
Readership: Practitioners (barristers and solicitors of all levels specialising in media and entertainment law or human rights, especially freedom of expression and privacy); In-house lawyers for international, national and local media organisations; Judges, especially (but not restricted to) those who may be asked to determine matters involving the media; Academics who research or teach media law, human rights, civil liberties or constitutional law; Post-graduate/advanced students whose study involves issues relating to the relationship between the individual and the media and undergraduate law and media students whose degree includes a course on media law or privacy.
