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This new addition to Hart's acclaimed Landmark Cases series is a
diverse and engaging edited collection bringing together eminent
commentators from the United Kingdom, the United States, Australia,
Canada, and New Zealand, to analyse cases of enduring significance
to privacy law. The book tackles the conceptual nature of privacy
in its various guises, from data protection, to misuse of private
information, and intrusion into seclusion. It explores the
practical issues arising from questions about the threshold of
actionability, the function of remedies, and the nature of damages.
The cases selected are predominantly English but include cases from
the United States (because of the formative influence of United
States' privacy jurisprudence on the development of privacy law),
Australia, Canada, the Court of Justice of the European Union, and
the European Court of Human Rights. Each chapter considers the
reception and application (and, in some instances, rejection)
outside of the jurisdiction where the case was decided.
In this ground-breaking two-volume set, world-leading experts
produce a rich, authoritative depiction of the world’s press, its
freedom, and its limits. We want press freedom but we also want
freedom from the press. A powerful press may expose a corrupt
government or aid it. It may champion citizens or unfairly attack
them. A vulnerable press may lack supporters and succumb to
conformity. It may resist, and overcome tyranny. According to
common belief, press freedom involves social responsibilities to
equip public debate and render government transparent. Is this
attitude valid given that the press is usually a private,
commercial actor? Globally, the health, authority, and viability of
the press varies dramatically. These patterns do not conform to
traditional divisions between North and South, East and West.
Instead, they are much more complex. How do we measure successful
press regulation? What concessions can the state and/or society
demand from the press? What constitutes the irreducible core of
press freedom? The contributions in Volume 1 look at key
jurisdictions in Europe; whereas Volume 2 goes beyond Europe to
analyse the situation in key jurisdictions in Asia, Africa, the
Americas and Oceania. Each volume can be used independently or as
part of the complete set. This work will be incredibly valuable to
policymakers and academics who seek to capture the global picture
for the purposes of effecting change.
This thought-provoking book provides a systematic,
philosophically-grounded reconceptualisation of press freedom and
press regulation. In a major departure from orthodox norms, the
book argues that press freedom and coercive independent press
regulation are not mutually exclusive; that newspapers could be
made to compensate their victims, through regulation, without
jeopardising their free speech rights; that their perceived public
watchdog status does not exempt them; and, ultimately, that
mandatory press regulation is not unconstitutional. In doing so,
the book questions our most deeply-held, intuitive beliefs about
the press and its role in society. Why do we say the printed press
has a duty to act as a public watchdog when there is no legally
enforceable apparatus by which to ensure it does? Why does
government constantly recommend that the press regulate itself when
history shows this model always fails? Why do victims of press
malfeasance continue to suffer needlessly? By deconstructing the
accepted view of press freedom and mandatory regulation, this book
shows that both are deeply misunderstood. The prevailing notion
that the press must serve the public is an empty relic of Victorian
ideology that is both philosophically incoherent and legally
unjustifiable. The press is obliged to make good, not do good.
This thought-provoking book provides a systematic,
philosophically-grounded reconceptualisation of press freedom and
press regulation. In a major departure from orthodox norms, the
book argues that press freedom and coercive independent press
regulation are not mutually exclusive; that newspapers could be
made to compensate their victims, through regulation, without
jeopardising their free speech rights; that their perceived public
watchdog status does not exempt them; and, ultimately, that
mandatory press regulation is not unconstitutional. In doing so,
the book questions our most deeply-held, intuitive beliefs about
the press and its role in society. Why do we say the printed press
has a duty to act as a public watchdog when there is no legally
enforceable apparatus by which to ensure it does? Why does
government constantly recommend that the press regulate itself when
history shows this model always fails? Why do victims of press
malfeasance continue to suffer needlessly? By deconstructing the
accepted view of press freedom and mandatory regulation, this book
shows that both are deeply misunderstood. The prevailing notion
that the press must serve the public is an empty relic of Victorian
ideology that is both philosophically incoherent and legally
unjustifiable. The press is obliged to make good, not do good.
In this ground-breaking two-volume set, world-leading experts
produce a rich, authoritative depiction of the world’s press, its
freedom, and its limits. We want press freedom but we also want
freedom from the press. A powerful press may expose corrupt
government or aid it. It may champion citizens or unfairly attack
them. A vulnerable press may lack supporters and succumb to
conformity. It may resist, and overcome tyranny. According to
common belief, press freedom involves social responsibilities to
equip public debate and render government transparent. Is this
attitude valid given that the press is usually a private,
commercial actor? Globally, the health, authority, and viability of
the press varies dramatically. These patterns do not conform to
traditional divisions between North and South, East and West.
Instead, they are much more complex. How do we measure successful
press regulation? What concessions can the state and/or society
demand of the press? What constitutes the irreducible core of press
freedom? The contributions in Volume 1 look at key jurisdictions in
Europe; whereas Volume 2 goes beyond Europe to analyse the
situation in key jurisdictions in Asia, Africa, the Americas and
Oceania. Each volume can be used independently or as part of the
complete set. This work will be incredibly valuable to policy
makers and academics who seek to capture the global picture for the
purposes of effecting change.
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