Tugendhat and Christie: The Law of Privacy and The Media (inbunden)
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Inbunden (Hardback)
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OUP Oxford
Warby, Mark
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Tugendhat and Christie: The Law of Privacy and The Media (inbunden)

Tugendhat and Christie: The Law of Privacy and The Media

Inbunden Engelska, 2016-01-21
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Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance to legal practitioners, policy-makers and academics working in the field of privacy and the media.
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Recensioner i media

Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers Now in its third edition, this long established and authoritative work of reference is an absolute boon to practitioners in this difficult field where, more often than not, controversies rage. Easy to use and extensively footnoted, it presents a rich vein of references for further research. Media lawyers, privacy lawyers, human rights lawyers and yes - journalists - will no doubt come to regard it as indispensable.

Media Lawyer Review from previous edition Primarily intended as a practitioner's guide to the law, but it includes a consideration of comparative and international jurisprudence, as well as leading academic writing on the subject, in order to elaborate the principles upon which privacy rights are based ... the nearly 800 pages of the book cover surely everything readers ever wanted to know about privacy

Computer Law and Security Report ...a major work that is likely to become the main guide for those concerned with the development of the law of privacy insofar as it affects the media

Commercial Law Journal (2005; 247) The book's most obvious attraction is that it brings together the disparate aspects of English privacy law for the first time, but it has a great deal else to recommend it; the authors outline often confused areas of law succinctly and clearly; they extrapolate creatively from other actions to fill the many gaps left by the privacy cases; and they illustrate convincingly the degree to which the 'new' right of privacy is already entrenched in our law

Ent L.R. 2004, 15(5) 167 An impressive, well-informed book. The publishers are to be congratulated in producing an excellent survey and analysis of the law that will prove immensely useful to lawyers, broadcasters, editors and journalists alike

Övrig information

Mark Warby QC is a leading silk in media, entertainment and sports law at 5 Raymond Buildings. Over the years he has acted for and against all the national newspaper groups, and major broadcasters, national, regional and local newspapers and magazines and several Internet organisations (Demon, AOL, Google). Claimant clients have included many well known figures from the worlds of entertainment, the media, sport and politics. Defamation, privacy and data protection are substantial elements of his practice. Notable recent cases include Max Mosley v News Group (privacy of S&M activities), Atlantis v L'Espresso (for Italian magazine, defeating corporate libel claims over minimal English publication), Murray v Big Pictures (for agency, defending J K Rowling's claim over pictures of her infant son).


PART I: SOURCES, PRINCIPLES AND RIGHTS ; 1. Context ; Introduction ; Common law and equity ; Legislation ; Media codes ; Reviews, reform and academic writing ; European Convention on Human Rights and HRA ; 2. Privacy rights ; The theoretical context ; The privacy interests ; The importance of privacy ; 3. Sources ; Introduction ; Human Rights Conventions ; England and Wales ; European Convention ; United States ; France ; Germany ; Ireland ; New Zealand ; Australia ; South Africa ; Canada ; PART II: MISUSE OF PERSONAL INFORMATION ; 4. Breach of confidence ; Introduction ; The cause of action for breach of confidence: an overview ; Confidence, personal information and the media ; Types of information protected in confidence ; Criteria for confidentiality ; The duty of confidence ; 5. Breach of privacy ; Introduction ; Overview of the breach of privacy action ; Scope of the reasonable expectation of privacy ; Balancing article 8 and article 10 ; 6. Data Protection and the Media ; Introduction ; Data Protection ; Data Protection Act 1998 ; 7. Publication of personal information: special issues ; Introduction ; The types of information ; Dissemination of private information ; Liability for publication ; PART III: PRIVACY AND REPUTATION ; 8. Privacy and defamation ; Introduction ; Protection of privacy by defamation law ; Conflict between defamation and privacy ; Malicious falsehood ; Foreign models for the possible development of defamation law to accommodate a right to privacy ; French law of privacy and defamation ; 9. Privacy and false facts ; Introduction ; Can false facts be private? ; The American false light tort ; A false light tort for England? ; PART IV: PRIVACY AND PUBLICITY RIGHTS ; 10. Copyright, moral rights and the rights 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 privacy rights of third parties ; Moral rights ; Publicity rights ; PART V: INTRUSION ; 11. Protection against intrusion ; Introduction ; Common law protections ; Statutory protections ; Media codes ; The desirability of an intrusion tort ; PART VI: PRIVACY PROTECTION IN THE MEDIA CODES ; 12. The Privacy Codes ; Introduction ; The Human Rights Act 1998 ; The Data Protection Act 1998 ; The regulatory bodies ; The codes and adjudications ; The regulatory bodies as public authorities ; PART VII: DEFENCES ; 13. Defences ; Introduction ; Defences of general application: consent, estoppel, change of position ; Waiver of rights ; Defences to intrusive acts ; Defences to claims for disclosure of private facts ; Defences to 'false light' claims ; Defences to appropriation of name and likeness claims ; Commentary and future directions ; Limitation of actions ; PART VIII: REMEDIES ; 14. Remedies ; Introduction ; Section 12 HRA ; Injunctions ; Financial remedies ; Other remedies ; PART IX: PROTECTION OF COURT RECORDS AND JOURNALISTIC SOURCES ; 15. Privacy and procedure ; 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 ; Reporting restrictions in privacy cases