For all we know: Freedom of Speech, Radicalisation and the Prevent Duty – Paul Wragg

22 08 2016

cvr-PreventGuidanceSeptember marks three anniversaries: it is fifteen years since the 9/11 attacks, it is one year since the so-called ‘prevent’ duty became law, and it is seventy-two years since the University of Chicago Press published The Road to Serfdom by Friedrich August Hayek (The Collected Works of FA Hayek, vol 2, Bruce Caldwell, ed (University of Chicago Press, 2007)).  Read the rest of this entry »

The Farce is With You: When Newspapers Confuse Privacy with Confidentiality – Paul Wragg

16 04 2016

AnonymousThe British press has made much of the injunction granted by the Court of Appeal in PJS v News Group Newspapers.  This overturned the first instance decision that a story (to be published by The Sun on Sunday) about a well-known entertainer’s spouse engaging in extra-marital sexual activity was a matter of public interest (outweighing the couple’s claim to privacy).  Read the rest of this entry »

No Employer Right to Snoop But What Of Employee Rights at Work? – Paul Wragg

5 02 2016

Privacy KeyboardThe decision in Barbulescu v Romania, in the European Court of Human Rights (“ECtHR”), has attracted much press interest.  It has been widely reported as granting employers a right to snoop on their employee’s online life.  Let us ignore the actual facts for a moment (as most newspapers have done). Read the rest of this entry »

A Christmas Wish for Privacy Law Developments in 2016 – Paul Wragg

18 12 2015

privacy1Imagine, set before us, the judicial toolkit in misuse of private information (MOPI) claims, as if it had physical properties.  We would see a fine set of golden scales, with one plate marked ‘privacy’ and the other marked ‘public interest’. Read the rest of this entry »

What becomes of Misuse of Private Information, the orphaned child? – Paul Wragg

26 05 2015

ChildHugh Tomlinson’s excellent post came as a welcome reassurance that the Misuse of Private Information (“MOPI”) tort should survive the proposed repeal of the Human Rights Act 1998 (“HRA”).  As he argues, MOPI is not dependent on its origins.  Yet MOPI is a child, with years of maturity still required, and one born of two parents (Articles 8 and 10 ECHR) with particular values, specifically that both are of equal status.  Once these parents are executed (for crimes they did not commit), MOPI can expect to be adopted by a very different set of parents, who are most unlikely to hold the same values.  Read the rest of this entry »

Re-evaluating Campbell v MGN: Great Promise Unfulfilled – Paul Wragg

28 04 2015

gazetteIt is now over ten years since the landmark decision in Campbell v MGN Ltd ([2004] 2 AC 457) established the misuse of private information (“MOPI”) tort (any lingering doubt that it might not be a tort has been eradicated by the Court of Appeal decision in Vidal-Hall v Google Inc [2015] EWCA Civ 311).  Read the rest of this entry »

Australia: an opportunity missed to enhance press freedom – Paul Wragg

7 10 2014

gazetteThe Australian Law Reform Commission has recommended the creation of a commonwealth statute to protect against serious invasions of privacy.  The proposed tort bears close comparison to the UK’s misuse of private information action, developed from Campbell v MGN ([2004] AC 457).  The full report is available here [pdf]. Read the rest of this entry »

David Cameron’s Very Own Moment of Press Intrusion, or Why It Pays to Listen to Advice about Dangerous Dogs – Paul Wragg

2 09 2013

-If you decide to keep a dangerous dog, well-known for its generally intemperate and often vicious nature, and ignore, or worse, deny the constant and sensible advice you are given pointing out the danger you can hardly expect much sympathy when that dog bites you.  And so it is that David Cameron’s pitiful cries of foul play will fall on deaf earsRead the rest of this entry »

Foundation for Law, Justice and Society: Leveson reforms scrutinized

13 06 2013

A series of policy briefs assessing the impact of Lord Justice Leveson’s recommendations for reform of the press and the government’s plans for a Royal Charter are now available to download on the Foundation for Law, Justice and Society Website. Read the rest of this entry »

Leveson’s regulator and the goal of protecting ‘real harm caused to real people’: A likely story? – Paul Wragg

19 04 2013

FLJSwraggIn his report, Lord Justice Leveson expressed concern at the ‘real harm caused to real people’ resulting from the ‘cultural indifference to individual privacy and dignity’ that he observes in problematic press behaviour.  The tragic case of Lucy Meadows is surely the paradigm example of what he had in mind.  Read the rest of this entry »