Now in its fifth edition, this textbook combines comprehensive coverage with rigorous analysis of a key area of the law. The author illuminates how the courts strive to strike a balance between the freedoms and responsibilities of the press on the one hand and an individual’s right to privacy on the other.
Maintaining its coverage of the law across the UK (including Scotland and Northern Ireland) and the EU, the new edition has been brought up to date with expert insights into significant developments and judgments, including:
- the impact of changes in intellectual property law, data protection, GDPR and copyright law post Brexit – including the cases of Schrems II and Ed Sheeran;
- analysis of new case law and developments in privacy and freedom of the media – including Duchess of Sussex (Meghan Markle) v The Mail on Sunday and ZXC v Bloomberg;
- the introduction of new Scottish defamation laws and the importance of defamatory meaning;
- the response to disinformation, fake news and social media – including tweeting jurors and contempt.
With a variety of pedagogical features to encourage critical thinking, this unique textbook is essential reading for media and entertainment law courses at undergraduate and postgraduate levels and an insightful resource for students and reflective practitioners of journalism, public relations and media studies.
Author(s): Ursula Smartt
Edition: 5
Publisher: Routledge
Year: 2022
Language: English
Pages: 673
City: London
Cover
Endorsements
Half Title
Title
Copyright
Contents
Foreword
Preface
Acknowledgements
Glossary of acronyms and legal terms
Table of cases
Table of UK legislation
Table of treaties and international legislation
1 Freedom of expression
1.1 Overview
1.2 Historical development of freedom of expression
1.3 Theoretical foundations of free speech rights
1.4 Freedom of expression in human rights law
1.5 Conceptual differences between freedom of expression and media freedom
1.6 Online censorship and freedom of expression
1.7 Protecting journalistic sources
1.8 Fake news and disinformation
1.9 Further reading
2 Confidentiality and privacy
2.1 Overview
2.2 Confidentiality: historic developments, legal agreements and common law remedies
2.3 Official secrets
2.4 Privacy: common law developments
2.5 Privacy orders and injunctions
2.6 Common law development towards a tort of privacy
2.7 What is the public interest test?
2.8 A child’s right to privacy
2.9 Internet privacy: the ‘right to be forgotten’
2.10 Discussion: balancing an individual’s right to privacy with the media’s freedom of expression
2.11 Further reading
3 Defamation
3.1 Overview
3.2 Defamation in common law
3.3 Defamation Act 2013
3.4 The serious harm test
3.5 Injury to business reputation
3.6 Internet libel
3.7 General defences
3.8 Defamation laws in Scotland and Northern Ireland
3.9 Libel tourism
3.10 Further reading
4 Reporting legal proceedings
4.1 Overview
4.2 The open justice principle
4.3 Automatic reporting restrictions and anonymity orders
4.4 Reporting on children and young persons
4.5 The Single Family Court and the Court of Protection
4.6 Military courts and inquests
4.7 Secret courts, D-Notices and public interest immunity
4.8 Further reading
5 Contempt of court
5.1 Overview
5.2 History: the common law of contempt
5.3 The Contempt of Court Act 1981
5.4 General defences
5.5 The role of the Attorney General in contempt proceedings
5.6 Juror misconduct in criminal trials
5.7 Do British contempt laws breach freedom of expression?
5.8 Further reading
6 Freedom of public information and data protection
6.1 Overview
6.2 Freedom of Information Act
6.3 The Information Commissioner’s Office
6.4 Legal challenges under FOIA
6.5 Freedom of information: Scotland and Northern Ireland
6.6 Data privacy and the GDPR post Brexit
6.7 Max Schrems I and II actions
6.8 Further reading
7 Regulating the print media
7.1 Overview
7.2 Functions of statutory regulation and self-regulation
7.3 Historic development of British print press regulation
7.4 Press regulation post Leveson
7.5 Current press regulation
7.6 Further reading
8 Regulating the communications industry
8.1 Overview
8.2 Public service media
8.3 The communications regulator Ofcom
8.4 Paid-for services and social media platforms
8.5 Online harms and safety
8.6 Advertising standards
8.7 The film, video and games industries
8.8 Elections, party political broadcasts and social media electioneering
8.9 Further reading
9 Intellectual property law
9.1 Overview
9.2 Introduction to copyright law
9.3 The Copyright, Designs and Patents Act 1988
9.4 Duration of copyright
9.5 Infringement and passing off
9.6 General defences and remedies
9.7 Trade marks, patents and designs
9.8 Post-Brexit IP law
9.9 IP rights in the virtual world
9.10 Further reading
10 Entertainment law
10.1 Overview
10.2 Phonograms and musical works
10.3 Copyright and joint authorship
10.4 Performers’ rights
10.5 Music piracy, peer-to-peer file sharing and sampling
10.6 Copyright claims in the entertainment industry
10.7 Music streaming services and royalty collections
10.8 Further reading
Internet sources and useful websites
Bibliography
Index
