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LAW - Essay Example

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CONVENTION RIGHTS INCORPORATED INTO THE UK LAW NAME INSTRUCTOR COURSE DATE Abstract Lord Steyn set an approach in the way in which the court performs a balancing exercise. Judges have the task of human rights adjudication handed to them by parliament. They must adjudicate and give reasons…
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Download file to see previous pages... Balancing of an individual’s right to privacy with the media’s right to freedom of expression Domestic courts have adopted a two-stage test in attempting to balance the media’s right to freedom of expression and an individual’s right to privacy. In such cases, where there is a publication of private information, the court decides on two things. Firstly, is the information published private? Private in the sense that Article 8 protects it. If the answer is no, then the case concludes. If yes, the second query arises: must the interest of the holder of the private information or data yield to the right of freedom of expression granted on the publisher by Article 10? (DeCew 1997). Stage 1: Does (A) have a reasonable expectation of privacy in the relevant information? Key Domestic Case Law: Campbell v MGN Ltd [2004] 2 AC 457, HL The fundamental question in cases where there is an allegation of breach of information is whether the information disclosed is private and not public. There must be the presence of some interest of a personal nature that the claimant wishes to protect. In some cases, the answer to the question whether the information is public or private is obvious. ...
This is because adequate protection was not afforded to her from publication of photographs taken without her consent or knowledge by paparazzi. Freedom of expression extends to publication of photographs, but the reputation and rights of others take importance as the photographs concerned images containing highly personal and or intimate information about an individual. In balancing articles 8 and 10, the contributions that the articles and photographs made to a public debate were the decisive factors. The public did not have a legitimate interest to know her private life. Everyone has a legitimate expectation for protection of his or her life. Therefore, article 8 had been violated (DeCew 1997).. Stage 2: Parallel Analysis In this analysis, neither article 8 or 10 has precedence over the other. If the values in both the articles are in conflict, intense focus on comparative importance of the rights in question is necessary. The justification for restricting or interfering with each right must be considered. In conclusion, there is the application of the proportionality test to each right (DeCew 1997).. Impact of the Contempt of Court Act 1981 on the freedom of the press Contempt of court is the unlawful interference of administration of justice. Contempt of court ensures that the court has the freedom to decide on matters before it, without influence from the press. Contempt of court is directed towards those in the media seeking to obstruct, interfere or undermine the administration of justice and the court. Breach of contempt of court can lead to a fine or imprisonment (Doherty 2003). The law of contempt places restrictions on the freedom of expression which is a crucial freedom to ...Download file to see next pagesRead More
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