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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Privacy and Media Freedom (Hardcover, New)
Loot Price: R4,353
Discovery Miles 43 530
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Privacy and Media Freedom (Hardcover, New)
Expected to ship within 10 - 15 working days
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Freedom of expression is a fundamental right at the heart of any
democratic society. It is, however, inevitably restricted by other
important values, including the right to privacy: the control
individuals exercise over their sensitive personal information. The
English law, since the enactment of the Human Rights Act 1998, has
undergone a tectonic shift in its recognition of this right
protected by Article 8 of the European Convention on Human Rights
(ECHR) which the Act assimilated into domestic law. The new civil
wrong, 'misuse of private information,' now affords greater
protection to an individual's 'private and family life, home and
correspondence.' The press is, of course, no longer the principal
purveyor of news and information. The Internet offers abundant
opportunities for the dissemination of news and opinions, including
the publication of intimate, private facts. Social media, blogs,
and other online sites are accessible to all. Indeed, the fragility
of privacy online has led some to conclude that it is no longer
capable of legal protection. This book examines the right of
privacy from a legal, philosophical, and social perspective,
tracing its genesis in the United States, through the development
of the law of confidence, and its recent recognition by the Human
Rights Act. The English courts have boldly sought to offer refuge
from an increasingly intrusive media. Recent years have witnessed a
deluge of civil suits by celebrities seeking to salvage what
remains of their privacy. An extensive body of case law has
appeared in many common law jurisdictions over the last decade,
which shows no sign of abating. The Leveson Inquiry into the
culture, practices, and ethics of the press, sparked by the hacking
of telephones by newspapers, revealed a greater degree of media
intrusion than was previously evident. Its conclusions and
recommendations, particularly regarding the regulation of the
media, are examined, as well as the various remedies available to
victims of intrusion and unsolicited publicity. The law is locked
in a struggle to reconcile privacy and free speech, in the face of
relentless advances in technology. The manner in which courts in
various jurisdictions have attempted to resolve this conflict is
critically investigated, and the prospects for the protection of
privacy are considered.
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