Distinguishing harm from misuse in privacy law: Khuja v Times Newspapers – Paul Wragg

22 07 2017

The long-awaited judgment in Khuja (formerly known as PNM) v Times Newspapers Limited is the right decision.  But it was not unanimously decided.  It is on the dissenting judgments of Lords Kerr and Wilson that this post focuses.  Read the rest of this entry »





Don’t believe what you read: section 40 will protect the local press, not kill it – Paul Wragg

14 01 2017

local-pressAnyone interested in journalism who has been reading the UK’s national press over the past week or two could be forgiven for thinking press freedom is in serious jeopardy. It’s one of those rare occasions when Fleet Street seems to speak as one. Read the rest of this entry »





The Martyrdom of Press Freedom: What Recognition of IMPRESS means and why the press fears It – Paul Wragg

13 11 2016

impress2xPress regulation is changing.  On 29 October 2016, IMPRESS was officially recognised as the UK’s first ‘Leveson-compliant’ regulator.  This is a momentous occasion.  But recognition has been met with uniform hostility from the mainstream press.  The Daily Mail was not alone in decrying the event as an end to 300 years of press freedomRead the rest of this entry »





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 »