LAW Essay Example | Topics and Well Written Essays - 1000 words

LAW - Essay Example equilibrate of an somebodys right to privacy with the medias right to granting immunity of expression Domestic courts impart adopted a two-stage test in attempting to balance the medias right to independence of expression and an individuals right to privacy. In such cases, where there is a commonation of private selective information, the court decides on two things. Firstly, is the information published private? Private in the sense that term 8 protects it. If the state 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 antepast of privacy in the applicable information? Key Domestic Case Law Campbell v MGN Ltd 2004 2 AC 457, HL The vestigial question in cases where there is an allegation of breach of information is whether the information discl osed is private and non 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, simply 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, nei ther article 8 or 10 has precedence over the other. If the values in two the articles are in conflict, intense focus on comparative importance of the rights in question is necessary. The apology for restricting or interfering with each right must be considered. In conclusion, there is the practise 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 impedence 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 all important(p) freedom to