• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Human Rights.

Extracts from this document...

Introduction

Human Rights Coursework BIL006 Lord Irvine during the reading of the Human Rights Bill1, stated; "This Bill does not impose any statutory controls on the press by a back-door privacy law... I would not agree with any proposition that the courts as public authorities will be obliged to fashion a law of privacy because of the terms of the Bill" Whilst incorporation will no doubt influence how the courts deal with privacy issues in future, it will be up to the courts whether they use this provision to alter the current disorganised ad hoc protection the law provides. An underlying factor of the Human Rights Act is that public authorities must act in accordance with the same when reaching a decision; this therefore gives the HRA far reaching consequences. As the courts have been little guidance by the act itself, the courts have used their obligation as a public authority to 'give effect' to the convention rights to ensure the individuals privacy rights are protected. This is also in circumstances where the potential defendant is not a public authority itself, therefore ultimately expanding horizontal effect; this is called "indirect horizontal effect". The act implies on the state two duties; not only to refrain from interfering with one's private and family life, but also to take positive steps to protect them. The competing factors in this scenario are the right to privacy (Article 8), if one right actually exists; and the freedom of expression (Article 10), therefore, they need to be discussed jointly and severally. ...read more.

Middle

Article 8(1) describes in what circumstances the act can be invoked to protect ones privacy. It could be argued that because the information is in possibly a public place. E.g. a hospital, then the information is already in the public arena, therefore not covered by privacy law. This argument was used by the Daily Mirror, as the Queen attempted to obtain an injunction against the paper to prevent revelations by a footman. It was argued that as Paul Burrell's book had already revealed the information, it was already in the public domain. It was also raised that Article 10 should be invoked to promote freedom of expression. In Z v Finland11, the court made an important observation. 'the protection of...medical data is fundamental importance to a persons enjoyment of his or her respect for private life". This quote was cited in Campbell, and this also raised the point of 'sensitive personal data', which attracts special protection under the Data Protection Act. So that the information, which has been surreptitiously procured, about 'Tony Blair' can be classed as private, it will need to fulfil the criterion as when protected by the law of confidence. In Douglas II, the judge commented, "to the extent that privacy consists of the inclusion only of the invited and the exclusion of all other." This quote surely includes the photographer taking pictures of Tony Blair without his permission or knowledge, as the photographer is not invited, therefore impliedly excluded. ...read more.

Conclusion

Butler-Sloss P stated in Venables: 'The onus of proving the case that freedom of expression must be restricted is firmly upon the applicant seeking relief. The restrictions sought must...be shown to be...justifiable as necessary to satisfy a strong and pressing social need, convincingly demonstrated, to restrain the press...and proportionate to the legitimate aim pursued' It was considered in the 'useful guidance' given by the Council of Europe Resolution 166 5 of 1998. These rights are neither absolute nor in any hierarchical order, since they are of equal value. This does not provide any satisfactory resolution, as no guidance is given to which, if any should take priority. There is a clear public interest for the need to know the state of health of Tony Blair, but an important balancing and possible outweighing factor in this situation is the surrupticious nature of the photographs. As Brooke LJ remarked, 'In the absence of any public interest the court is especially bound to pay particular regard to the PCC and a newspaper which flouts the code may have its claim to freedom of expression trumped by Article 10 (2) considerations of privacy.' Although the clear commercial cynicism of Hello's actions, the judge found that a clear breach of the PCC through the surrupticious photography was such to tip the balance against freedom of expression. As breach of confidence is only remedied by equitable principles16, therefore the judgement given must be made taking into account all circumstances, and if either party has acted bona fida, if not must bare the consequences. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. How has the European Court of Human Rights contributed to the protection of children's ...

    Netherlands32, where European Commission dismissed 14-year-old runaway's complaint of infringement of her Art. 8 right by welfare authorities returning her home against her will, justified by Art. 8(2) protection of health and morals. In X v. Denmark33, however, the Court decided that parents' Art.

  2. Evaluate the extent to which the Human Right Act 1998 is consistent with the ...

    In the case of Duke32 and Finnegan33, the House of lords refused to interprete the Act in accordance with a Community directive on the ground that section 2(4) of the European Community act only applied to directly applicable measures i.e.

  1. Discuss the extent of the states obligations under articles 2 and 3 of the ...

    Article 3 - prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 3 is an absolute right, allowing no derogations but it can be interpreted in various ways. Whether an act constitutes inhuman or degrading treatment depends upon a range of factors and the individual circumstances of each case.

  2. "Public policy has been slow to treat disability as a matter of equality, human ...

    it harder to find work, This gap is significant and the date of the survey results, being post the 1995 Act and just a year prior to the 2005 makes one question the effectiveness of the regulations imposed. However in defence of the pieces of legislation, are relatively new and

  1. Are the Human Rights Act 1998 and the doctrine of Parliamentary supremacy compatible?

    Then, with the amendment of the Treaty on European Union 1992 (also referred to as the Maastricht Treaty) in 19974, the common goal of the two separate bodies of the European Union and the European Court of Human Rights for the protection of fundamental rights was unified.

  2. Juvenile Justice

    The parliament should create harsher punishments. There are a lot of differences between the two genders. Although males have a much higher rate of adult criminal behaviour, females who had childhood maltreatment were 73 percent more likely than organize group women to offend the abusers later in life for a

  1. Alternative dispute Resolution

    Mediation can be a tremendously effective tool in resolving disputes without destroying business relationships. It allows parties to work toward a resolution out of the public eye (the courts) without spending large sums on legal expenses. Its precepts also ensure that a company will not become trapped in a settlement

  2. Should people have a right to privacy?

    The protection of children act in 1978 restricted certain serious subject matter from being published in the UK such as indecent pictures of under 18 year olds. Similarly, it is a criminal offence to take photographs in a court and under no circumstances should any photographs be published from a

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work