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New York Times Co. v. United States, 403 U.S. 713 (1971), was a landmark decision of the Supreme Court of the United States on the First Amendment right of Freedom of the Press. The ruling made it possible for The New York Times and The Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction.
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech.
Sir David Eady, KC is a retired High Court judge in England and Wales. As a judge, he is known for having presided over many high-profile libel and privacy cases.
Prince Albert v Strange was a court decision made by the High Court of Chancery in 1849, and began the development of confidence law in England. The court awarded Prince Albert an injunction, restraining Strange from publishing a catalogue describing Prince Albert's etchings. Lord Cottenham LC noted that "this case by no means depends solely upon the question of property; for a breach of trust, confidence, or contract, would of itself entitle the plaintiff to an injunction".
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Mosley v News Group Newspapers [2008] EWHC 1777 (QB) was an English High Court case in which the former President of the Fédération Internationale de l'Automobile, Max Mosley, challenged the News of the World. The newspaper had exposed his involvement in what it called a sadomasochistic sex act involving several female prostitutes when they published a video of the incident recorded by one of the women and published details of the incident in their newspaper, wrongly describing it as "Nazi-themed". The case resulted in Mosley being awarded £60,000 in damages.
Douglas v Hello! Ltd[2005] EWCA Civ 595 was a series of cases in which Michael Douglas and Catherine Zeta-Jones challenged unauthorised photos of their wedding in the English courts. The case resulted in OK! Magazine being awarded £1,033,156.
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law.
Mosley v United Kingdom [2011] 53 E.H.R.R. 30 was a 2011 decision in the European Court of Human Rights regarding the right to privacy under Article 8 of the European Convention on Human Rights. An application to the court was made by Max Mosley, the former president of the FIA, after his successful breach of confidence legal case against the News of the World. In that case, the court unanimously rejected the proposition that Article 8 required member states of the Council of Europe to legislate to prevent newspapers printing stories regarding individual private lives without first warning the individuals concerned. It instead held that it fell within each state's margin of appreciation to determine whether to legislate on that matter.
Theakston v MGN Ltd [2002] EWHC 137(QB) was a High Court judgment in which British television presenter Jamie Theakston attempted to injunct the Sunday People from publishing a story about how he visited a brothel in Mayfair, London.
Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test.
The British privacy injunctions controversy began in early 2011, when London-based tabloid newspapers published stories about anonymous celebrities that were intended to flout what are commonly known in English law as super-injunctions, where the claimant could not be named, and carefully omitting details that could not legally be published. In April and May 2011, users of non-UK hosted websites, including the social media website Twitter, began posting material connecting various British celebrities with injunctions relating to a variety of potentially scandalous activities. Details of the alleged activities by those who had taken out the gagging orders were also published in the foreign press, as well as in Scotland, where the injunctions had no legal force.
CTB v. News Group Newspapers is an English legal case between Manchester United player Ryan Giggs, given the pseudonym CTB, and defendants News Group Newspapers Limited and model Imogen Thomas.
Hugh Richard Edward Tomlinson KC is a barrister in England and Wales, an English translator of the philosopher Gilles Deleuze and a founding member of Matrix Chambers. He is a specialist in media and information law including defamation, confidence, privacy and data protection.
NEJ v BDZ (Helen Wood) ([2011] EWHC 1972 (QB) is a 2011 High Court case involving issues of privacy in English law.
Ferdinand v Mirror Group Newspapers is a 2011 High Court case in which the English footballer Rio Ferdinand was unsuccessful in preventing the publication of a tabloid newspaper story revealing details of an alleged sexual relationship.
WER v REW was an anonymised legal case in which Chris Hutcheson, represented by Hugh Tomlinson, QC, of Schillings, took out an injunction to prevent Popdog Ltd from publishing details regarding his private life, and was heard before Justice Sir Charles Grey in January 2009. Hutcheson – Gordon Ramsay's former business partner and father-in-law – gained an injunction but it was later partially lifted, and ultimately overturned in the Court of Appeal, with Hutcheson being publicly named by the judge.
PJS v News Group Newspapers Ltd [2016] UKSC 26 is a UK constitutional law case in which an anonymised privacy injunction was obtained by a claimant, identified in court documents as "PJS", to prohibit publication of the details of a sexual encounter between him and two other people. Media outside England and Wales identified PJS as David Furnish.
References
- ↑ Davis, Howard , Human rights and civil liberties, p200
- ↑ "Archived copy" (PDF). Archived from the original (PDF) on 4 August 2011. Retrieved 1 July 2009.
{{cite web}}: CS1 maint: archived copy as title (link)
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