Wragg, P (2015) Protecting Private Information of Public Interest: Campbell's Great Promise, Unfulfilled. Journal of Media Law, 7 (2). pp. 225-250. ISSN 1757-7632
Abstract
According to the House of Lords decision in Campbell v MGN Ltd, a misuse of private information claim may succeed even though public interest expression is at stake. The post-Campbell jurisprudence, however, does not reflect this central tenet. Cases are not determined by balancing the weight of each claim but by a binary approach in which claims succeed or fail depending on whether public interest expression is present or not. By charting this development, this article argues that a greater sense of proportionality would be achieved if cases were decided not by the quality of expression but by the harm caused by it. By re-imagining Campbell as a four-part test, it will show how the current paternalistic and idiosyncratic influences on decision-making may be reduced significantly.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2015 University of Leeds. This is an author produced version of a paper published in Journal of Media Law. The Version of Record of this manuscript has been published and is available in Journal of Media Law, 19 Nov 2015, http://www.tandfonline.com/10.1080/17577632.2015.1099844. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | privacy, press freedom, proportionality, judicial reasoning, public interest |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 15 Sep 2015 15:39 |
Last Modified: | 01 Jul 2017 19:45 |
Published Version: | http://dx.doi.org/10.1080/17577632.2015.1099844 |
Status: | Published |
Publisher: | Taylor & Francis |
Identification Number: | 10.1080/17577632.2015.1099844 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:89788 |