Tugendhat and Christie: The Law of Privacy and The Media

Third Edition

Edited by Dr Nicole Moreham and Sir Mark Warby

The leading reference work on the law of privacy in England and Wales
Frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal
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
Offers detailed, practical, and authoritative guidance for practitioners and academics working on cases relating to media privacy law

New to this Edition:

Updated with important developments including the Leveson Report, Von Hannover (No.2) and Axel Springer, Trimingham and similar cases in the domestic courts
Greater coverage of online publication including the E-Commerce Regulations, and a new chapter on new media
Greater discussion of rules regarding anonymity in court proceedings, the awarding of interim injunctions, the interplay between defamation and privacy, the interplay between Strasbourg and the domestic courts, and a new chapter on harassment by publication.
New coverage of phone-hacking and other intrusive and surreptitious means of acquiring information, harassment, and social media and their implications for privacy

Tugendhat and Christie: The Law of Privacy and The Media

Third Edition

Edited by Dr Nicole Moreham and Sir Mark Warby

Description

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 for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field.

The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection.

The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication.
The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.

Tugendhat and Christie: The Law of Privacy and The Media

Third Edition

Edited by Dr Nicole Moreham and Sir Mark Warby

PART I: SOURCES AND PRINCIPLES OF PRIVACY LAW
1: Context and Background
2: The Nature of the Privacy Interest
3: Privacy in European, Civil and Common Law
PART II: PUBLICATION OF PERSONAL INFORMATION
4: Breach of Confidence
5: Misuse of Personal Information
6: Harassment by Publication
7: Data Protection: Breach of Statutory Duty
8: Privacy, Defamation, and False Facts
PART III: COMMERCIAL RIGHTS AND INTRUSION
9: Copyright, Moral Rights, and the Right to One's Image
10: Intrusion into Physical Privacy
PART IV: JUSTIFICATIONS AND DEFENCES
11: Justifications and Defences
PART V: REMEDIES AND SANCTIONS
12: Remedies and Sanctions
PART VI: THE ACTION
13: Practice and Procedure
PART VII: PRIVACY REGULATION
14: The Privacy Codes
PART VIII: PRIVACY, THE INTERNET, AND SOCIAL MEDIA
15: Privacy, the Internet, and Social Media

Tugendhat and Christie: The Law of Privacy and The Media

Third Edition

Edited by Dr Nicole Moreham and Sir Mark Warby

Author Information

Edited by Dr Nicole Moreham, Associate Professor, Associate Professor, Victoria University of Wellington, New Zealand, and Sir Mark Warby, Judge, Judge of the High Court of Justice, Queens Bench Division

Dr Nicole Moreham is an associate Professor of Law at Victoria University of Wellington. She has published widely on the protection of privacy in England and Wales, New Zealand, and Europe and is a recognised expert in the field. Before she returned to New Zealand, Dr Moreham was a Fellow and Lecturer in Law at Gonville and Caius College, University of Cambridge. She also completed her Masters and PhD at Caius, the latter under the supervision of the late Tony Weir. Dr Moreham's research is currently funded by the prestigious Rutherford Discovery Fellowship from the Royal Society of New Zealand.

Sir Mark Warby has been a Judge of the High Court of Justice, Queens Bench Division, since 2014. Since his appointment he has made most of the key first instance decisions in media cases. Before his appointment he practised media and entertainment law as a junior barrister for 20 years, and as a QC from 2002. He appeared in many of the key cases in the development of privacy law, including Bryan v MGN, Campbell v MGN, Prince of Wales v Associated Newspapers, Murray v Big Pictures and Mosley v News Group. He was lead author of the chapters on breach of confidence and defences in the first edition of this work. He jointly edited the second edition, with Dr Nicole Moreham, when he added chapters on misuse of private information and practice and procedure.

Contributors:

Consultant Editor: Sir Michael Tugendhat is a Judge of the High Court Queen's Bench Division.

Consultant Editor: Iain Christie is a Barrister at 5RB.

Dr Nicole Moreham
Sir Mark Warby
HHJ Richard Parkes QC
Matthew Nicklin QC
Justin Rushbrooke QC
Nigel Abbas
Tanya Aplin
Jonathan Barnes
Stephen Bate
Godwin Busuttil
Adèle Garrick
Felicity McMahon
Richard Munden
Matthew Nicklin QC
HHJ Richard Parkes QC
Justin Rushbrooke QC
Julian Santos
Victoria shore
Adam Speker
Chloe Strong
Yuli Takatsuki
Gervase de Wilde
Adam Wolanski

Foreign Law Contributors:
United States: Robert Balin, Davis Wright Tremaine, New York
Ireland: Dr Eion Carolan LLB (TCD), LLM (Cantab), PhD (TCD) BL, Lecturer, University College Dublin
New Zealand: Dr Nicole Moreham LLB (Hons) (Cantuar), LLM, PhD (Cantab), Senior Lecturer, Victoria University, Wellington, New Zealand
Australia: Professor Megan Richardson LLB (VUW), LLM (Yale), LLM Brussels, University of Melbourne; and Michael Rivette, Barrister, Chancery Chambers, Melbourne
Canada: Dr Barbara von Tigerstrom BA (Alberta), MA (Toronto), LLB (Toronto), PhD (Cantab), Associate Professor, University of Saskatchewan
South Africa: Professor Iain Currie BA Hons (Witwatersrand), MA and LLB (Cape Town), University of the Witwatersrand, Johannesburg
Scotland: Roddy Dunlop QC, Axiom Advocates, Edinburgh
Germany: Ass jur Björn Raap, Dipl-Jur (University of Göttingen), LLM (VUW), Judge of the Aurich District Court
France: Dr Eva Steiner, Senior Lecturer and the Director of the LLB in English Law and French Law, King's College London

Tugendhat and Christie: The Law of Privacy and The Media

Third Edition

Edited by Dr Nicole Moreham and Sir Mark Warby

Reviews and Awards

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. - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

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 - Media Lawyer

...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 - Computer Law and Security Report

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 - Commercial Law Journal (2005; 247)

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 - Ent L.R. 2004, 15(5) 167