Privacy And Freedom Of Expression

2447 WordsDec 17, 201410 Pages
Privacy and freedom of expression are both vital in the preservation of society. In stating this one must be acutely aware of the medias role in directly advocating for freedom of expression over an individual’s right to privacy. In AG v Guardian Newspapers, Lord Geoff states that ‘freedom of expression has existed in this country perhaps as long, if not longer, than it has existed in any other country in the world’ . Nevertheless these rights must be balanced and applied in a manner which is just. Whilst the establishment of the Human Rights Act in 1998 enshrined privacy in to law, according to the House of Lords the general tort of invasion of privacy was not held by UK law . Changes to this precedent began with the Douglas case in which Hello! Magazine had unauthorised photos of the couple’s wedding with the view to publish them. The decision that these photos were indeed deemed to be private despite a picture deal with another publication proved to be a controversial one. The ruling made by Lord Justice Sedley rejected the notion that freedom of expression trumped the right to privacy. With this in mind one must question that as an individual’s right to privacy is enshrined in law, what implications and consequences does this have for the right of freedom expression? In the Naomi Campbell case the House of Lords ruled that ‘unjustified disclosure of private information’ could be a cause for legal action. Ms Campbell’s privacy was seen to have been infringed by the
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