View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Archive content
June 21, 2001updated 17 May 2007 11:30am

Rights Act is boosting privacy, experts warn

By Press Gazette

 

The Human Rights Act is having a profound effect on media law by allowing courts to prevent publication of information and boosting a law of privacy, according to the new edition of McNae’s Essential Law for Journalists.

Co-authors Tom Welsh and Walter Greenwood note in their preface that lawyers rarely mention the right to freedom of expression, article 10 of the European Convention on Human Rights, when applying for restrictions on reporting.

Welsh and Greenwood say that in the Michael Douglas and Catherine Zeta-Jones case, where they sought an injunction to stop photographs of their wedding being published, the Court of Appeal relied upon article 8, the right of privacy, to give a significant boost to the developing law of privacy.

And in the Venables and Thomson case, a judge relied upon article 2, the right to life, when imposing an "unprecedented ban" on publishing the new identities and whereabouts of the killers of James Bulger.

Welsh and Greenwood claim: "The cases appeared to provide a new general-purpose measure allowing courts to prevent publication of information in a wide range of cases where human rights enshrined in the European Convention were involved.

Content from our partners
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it
Impress: Regulation, arbitration and complaints resolution

"In the criminal courts defence lawyers began to cite article 6, the right to a fair trial, as well as article 8, the right to privacy, when applying for orders restricting the reporting of cases involving their clients. They rarely mentioned article 10, the right to freedom expression.

"Thus it became necessary for court reporters to acquire a knowledge of the human rights legislation so that they were able to challenge the more bizarre claims."

The 16th edition of Essential Law, to be published on 6 July, has been prompted by the huge amount of new legislation affecting the media over the two years since the book was last updated.

This includes the Human Rights Act; the Freedom of Information Act; the Local Government Act; the Regulation of Investigatory Powers Act; the Terrorism Act; the Data Protection Act; the Access to Justice Act; the Representation of the People Act; and the Political Parties, Elections and Referendums Act.

The new edition covers the extension in the law of qualified privilege resulting from the House of Lords decision in the Reynolds case, which provides a public interest defence in libel. It also contains new guidelines for crown court judges on court reporting restrictions and the revised police guidelines on giving information to the media.

lMcNae’s Essential Law for Journalists, by Tom Welsh and Walter Greenwood, is published by Butterworths at £14.95.

by Jon Slattery

Topics in this article :

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network