A string of high profile law suits has drawn attention to a rapidly developing and controversial branch of media law – the use of privacy injunctions to restrain publication of information relating to the private lives of individuals. The purpose of this book is to set out the law relating to privacy injunctions, and best practice in relation to seeking or opposing this form of relief. Such best practice is targeted not just at litigators. This book is aimed also at journalists who are the watchdogs of the freedoms of our society, and other organs of the media. The text is broken down into easily manageable sections, with numerous check-lists and quality control protocols. Applications in the Queen's Bench Division (including personal injury), Family Division (including the President's "Media guidance†? and "Reporting Restriction Orders†?) and "harassment†? are covered, together with a "journalists' check-list†?. The book reflects the agenda (included in the foreword to the book) set by Lord Neuberger's Report of 2011 ("Report of the Committee on Super-Injunctions†?).

"A specialist team of barristers from Five Raymond Buildings (the media, entertainment and human rights chambers) have come together to write this timely consideration of the rapidly developing law of privacy in England and Wales. The book considers how the law protects the publication of personal information without undermining the fundamental principle of freedom of expression. Although intended as a practitioners' guide to the law, it 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. 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 case law is also analysed, including the House of Lords judgment in Naomi Campbell v MGN Ltd, the European Court of Human Rights judgment in Von Hannover v Germany, and the Court of Appeal judgment in Douglas v Hello!. The Law of Privacy and the Media is essential reading for all those who act for or against the media, as well as all those with a general interest in the subject."--Publisher's website.

The second edition of this groundbreaking book looks at the key debates and issues in media law, a fast-developing area of scholarship that raises many high-profile and controversial questions. Recent issues include the privacy rights of public figures, the use of legal tools to silence critics, the right to access information held by public bodies, the political power of media owners, the future of public service broadcasting and the regulation of the digital media. The chapters examine the rights to reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of digital communications. The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. Examining various key themes, the book shows how those functions continue to evolve in a changing political culture and also how the media are subject to a range of legal and informal constraints. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of media law in the digital era. Authoritative and accessible, the book is essential reading for students and scholars of media law alike.

This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be truly effective. Substantial changes to press regulation are needed to ensure that it encompasses all major news publishers including, in time, major bloggers. The Committee makes several recommendations including that the reformed regulator should: have access to a wider range of sanctions, including the power to fine; be cost-free to complainants; be able to determine the size and location of a published apology, and the date of publication; play a greater role in arbitrating and mediating privacy disputes. One possible mechanism the Committee suggests is for advertisers to agree to advertise only in publications that are members of the press regulator and subscribe to its rules. It also concludes that parliamentarians should ensure that material subject to an injunction is only revealed in Parliament when there is good reason to do so

Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.

This new title covers the law surrounding freedom of press versus rights of the individual, including in depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. Contents includes: History and development of libel laws in the UK and USA; Actions brought by US personalities in the UK Courts; The ramifications of the Rachel Ehrenfeld case; Importance of striking a balance between an unfettered press reporting in the public interest and one-sided coverage of particular issues; The argument for statutory press regulation; Level of damages awarded in comparison to costs involved; Super-injunctions; Anticipated changes to the law; Alternative remedies; Difficulties facing Claimants without access to legal aid; Implications arising from the phone hacking scandal.