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

Tugendhat and Christie: The Law of Privacy and The Media, 2nd Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199581153
  • 出版时间 March 2011
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
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  • 详细

    • 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.

    The work was also cited favourably in the Court of Appeal judgment for KGM v News Group.

    This work was also cited favourably in the Court of Appeal judgment for KGM v News Group.
    Tugendhat and Christie: The Law of Privacy and the Mediais 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.

  • I SOURCES, PRINCIPLES AND RIGHTS
    1: Context and Background
    Introduction
    Common Law and Equity
    Legislation
    The Media Codes and the 'New Media'
    Reviews and Reform
    The European Convention on Human Rights and the Human Rights Act 1998
    2: Privacy Rights
    Introduction
    The Scope of the Privacy Interest
    The Rationale for Protecting Privacy
    3: Privacy in Europe and the Common Law
    Introduction
    Sources of English Privacy Law
    Privacy in Other Jurisdictions: The Common Law
    Privacy in European Civil Law
    II PUBLICATION OF PERSONAL INFORMATION
    4: Breach of Confidence
    Introduction
    The Cause of Action for Breach of Confidence: An Overview
    Classification of Confidential Information
    Criteria for Confidentiality
    The Duty of Confidence
    5: Misuse of Personal Information
    Introduction
    Overview of the Cause of Action
    When Is There a Reasonable Expectation of Privacy?
    Evaluating Article 8 Rights in the 'Ultimate Balancing Test'
    6: Data Protection and the Media
    Introduction
    Data Protection
    Data Protection Act 1998
    7: Privacy, Defamation and False Facts
    Introduction
    Protection of Privacy by Defamation Law
    Conflict between Defamation and Privacy
    8: Publication of Personal Information: Special Issues
    Introduction
    Elements of Wrongful Disclosure of Private Information
    Rights and Enforcement
    IIII COMMERCIAL RIGHTS AND INTRUSION
    9: Copyright, Moral Rights, and the Right 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 the Privacy Rights of Third Parties
    Moral Rights
    Publicity Rights
    10: Intrusion
    Introduction
    Common Law Protection against Intrusion
    Legislative Protection against Intrusion
    Scope for Developing an Intrusion Tort
    IV PRIVACY REGULATION
    11: The Privacy Codes
    Introduction
    The Human Rights Act 1998
    The Data Protection Act 1998
    Judicial Remedy or Regulatory Complaint
    The Regulatory Bodies
    The Codes and Adjudications
    The Regulatory Bodies as Public Authorities
    Application of the Codes to 'New Media'
    V DEFENCES
    12: Justifications and Defences
    Introduction
    Defences of General Application
    Defences to Claims for Disclosure of Private Facts
    Defences to Claims for Intrusive Acts
    Defences to False Light Claims
    Defences to Appropriation of Name or Likeness Claims
    Limitation of Actions
    VI REMEDIES
    13: Remedies
    Introduction
    Human Rights Act 1998, s12
    Injunctions
    Damages
    Other Remedies
    VII THE ACTION
    14: Privacy and Procedure in Privacy Cases
    Introduction
    Who? Claimants, Defendants and Others
    What? Remedies, Routes, Causes of Action, and Applicable Law
    When? Timing and Limitation
    Where? Jurisdiction and Venue
    How? Conduct of the Action
    15: Privacy in Court Proceedings
    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
    VIII THE PRIVACY RIGHTS OF THE MEDIA
    16: Protection of Journalistic Material
    Introduction
    Protection of Sources: The Common Law
    Contempt of Court Act 1981, s10
    Access to Journalists' Sources: Statutory Powers

  • Edited by Mark Warby QC, Barrister, 5RB, London, Dr Nicole Moreham, Senior Lecturer, Victoria University, Wellington, New Zealand, and Iain Christie, Barrister, 5RB, London

    Consultant Editor: Sir Michael Tugendhat, Judge of the High Court Queen's Bench

    Contributors: 

    Jonathan Barnes
    Stephen Bate
    Iain Christie
    Anna Coppola
    David Hirst
    Andrew Monson
    Nicole Moreham
    Patrick McCafferty
    Richard Munden
    Matthew Nicklin
    HH Judge Richard Parkes QC
    James Price QC
    Adam Speker
    Yuli Takatsuki
    Mark Warby QC
    Adam Wolanski

    Foreign Law Contributors:

    New Zealand: Dr Nicole Moreham (editor)

    Canada: Dr Barbara von Tigesrtrom BA (Alberta), MA (Toronto), LLB (Toronto), Ph.D (Cantab)
    Associate Professor, University of Saskatchewan

    Ireland: Dr Eoin O'Dell BCL(NUI), BCL(Oxon), PhD (Cantab), FTCD
    Fellow and Senior Lecturer in Law, Trinity College Dublin

    Australia: Professor Megan Richardson LLB, BA (VUW), LLM (Brussels), LLM (Yale)
    University of Melbourne
    Assisted by Michael Rivette, Barrister, Chancery Chambers, Melbourne, and Karin Clark, Special Counsel, Allens Arthur Robinson, Melbourne.

    Germany: Björn Raap
    Dipl-Jur (University of Göttingen), LLM (VUW)
    legal trainee at Hamburg High Court

    France: Dr Eva Steiner
    Senior Lecturer and the Director of the LLB in English Law and French Law
    King's College London

    Scotland: Roddy Dunlop LLB (Hons); DipLP
    Axiom Advocates, Edinburgh

    South Africa: Professor Iain Currie BA Hons (Witwatersrand) MA LLB (Cape Town)
    University of Witwatersrand, Johannesburg

    United States: Victor Kovner
    Davis Wright Tremaine, New York 

  • "iTugendhat and Christie's The Law of Privacy and Mediar remains a valuable and comprehensive practitioners' reference book with a particularly useful comparative element in international jurisprudence, elaborating on the principles of privacy laws in other countries." - Ursula Smartt, Entertainment Law Review

    "The second edition maintains the high standards of the first and out to ensure this title retains its status as a work of unparalleled ambition and excellence." - Paul Wragg

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