Opinion: “A decade later: time to revisit Lord Woolf’s approach to privacy in A v B? Part 2” Niri Shan and Adam Rendle

28 05 2011

In the first part of this series, we considered how the ECHR has expanded the scope of article 8 rights, beyond the “new strength and breadth” which Lord Woolf had predicted in 2002 (in A v B) that the mis-named action for “disclosure of confidential information which would infringe privacy” would have. We will now go on to consider the circumstances in which Lord Woolf felt that there could be a countervailing public interest in disclosure, in fulfilment of article 10 rights and contrast them with the relevant circumstances following Von Hannover. We then also consider to what extent the court’s current approach would ever allow the media to discuss the private lives of celebrities. Read the rest of this entry »





Opinion: “Let’s talk about sex” – Adam Wagner

28 05 2011

In 1991 US band Salt-n-Pepa reached number 2 in the UK charts with Let’s Talk About Sex. It is difficult to imagine now, 20 years on, why such an inoffensive and gently educational song generated huge controversy.

That difficulty highlights how much less prudish we are about sex now than we were then. Salt-n-Pepa talked about sex on the “radio and video shows“. Now the song would include Twitter, YouTube and Facebook too. In the post-internet age, sex is everywhere. So why are judges and politicians still making decisions about whose sex the public can or cannot talk about? Read the rest of this entry »