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Media Law lecture -- Confidentiality and Privacy pt. 3

Questions from last week:

  • Talking to people in hospital?
  • Must identify as a journalist and get permission from hospital authorities.
  • What's the difference between an assignment in copyright law and license
  • Assignment: complete transfer from A to B.
  • License: permission being granted to use a copyrighted work for a certain purpose.
  • Where would you go on appeal of fact from the Magistrate's Court?
  • Appeal would lie to the Crown Court.
  • On matters of law, i.e., an adjudication on a law, matter is appealed to the Divisional court of the High Court.
  • What court would a Lord Justice sit in?
  • Court of Appeal
  • Public interest: a defined concept within the industry regulators
  • What are the rules regarding reporting pregnancy?
  • Within PCC, shouldn't refer to an individual's pregnancy up to 12 weeks, unless that information's already in the public domain.
  • Adjudications: Danny Minogue, Charlotte Church

For next week:

  • What are these orders and when are appropriate?
  • §4(2) order
  • §39 order
  • §11 order
  • What's the difference between commonlaw qualified privilege and statutory qualified privilege?
  • In the ECHR, what does article 2 protect; what does §12(3) of the Human Rights Act say about injunctions?
  • What are the rules about reporting court cases that take place in the Youth Court?

This week in law

  • PCC is no more! Will be replaced by... something.
  • Jeffries case: Mirror and Sun were prosecuted for contempt; Mirror sought appeal and was turned down


Major cases

  • Douglas v. Hallo (2000)
  • Theakston v. MGN Ltd (2002): photographs
  • Peck v. UK (2003): privacy in a public place
  • Princess Caroline von Hannover v. Germany (2004)
  • Naomi Campbell v. MGN Ltd (2004) (the major case re: privacy)
  • McKennitt v. Ash (2005)
  • Murray v. Big Pictures (2008)
  • Max Mosley v. News Group Newspapers Ltd (2008)
  • LNS v. Persons Unknown (2010)
  • Super injunctions
  • Ferdinand v. MGN Ltd (2011)
  • Spelman v. Express Newspapers Ltd
  • Princess Caroline von Hannover (2012)
  • Human Rights Act §12(3)

The Right to Life

  • Article 2 -- Everyone's right to life should be protected by law. Everyone's life should be protected by the law, except in the case of capital punishment.
  • An absolute right; not a qualified right in the sense it isn't balanced with another right. "Trumps all."
  • Venables and Thompson v. News Group Newspapers Ltd (2001)
  • Two youths found guilty in murder of a young boy. Question was if identifiable after release; court was asked to prevent injunction after they reach age of majority in order to protect right to life. Courts came down in favour of individuals; Art. 2 allowed courts to grant injunction preventing identification ever.
  • Maxine Carr v. News Group Newspapers Ltd (2004)
  • Involved with a murder case in that she gave a false alibi for her boyfriend. Was granted injunction to prevent her from being identified given she was being sent death threats.