Privacy Of Expression And The Rights Of Individual 's Privacy

1986 WordsJan 13, 20158 Pages
One is entitled to his or her own privacy, whether it is personal, social or a legal right. Likewise, one is also entitled to freedom of expression. Courts have a difficult time balancing the rights of the Press to their freedom of expression and the rights of individual’s privacy when they collide. There needs to be an analysis on which of these interest take the greater weight when they encounter with one another. There is a lack of severity in upholding the standards of media, greater clarity is required when balancing the right to freedom of expression and the right to private and family life. Everyone values privacy differently; some are happy to appreciate attention and are more open about their private life and welcomes public scrutiny without any hesitation. In Wainwright v Home Office , the House of Lords held that the English Law did not recognise a general tort of invasion to privacy. Campbell v MGN Ltd and Douglas v Hello Ltd are the two main cases, which took a step in recognising this area of law. In Campbell it was held that ‘where the invasion is caused by wrongful disclosure of personal information is a breach of privacy’. The consequences of these cases led the media to demand for a codified legislation on the law of privacy, as Baroness Hale commented in Wainwright, the almost non existence in this part of the law has led to people facing ‘gross invasion of their personal privacy’. The UK legislation lacks in this area and this ultimately means the

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