Media Freedom Under the Human Rights Acts

Erscheinungsjahr 2006
ISBN: 978-0-406-94289-0
Verlag: OUP Oxford

Buch, Englisch, 1168 Seiten, Format (B × H): 170 mm x 244 mm, Gewicht: 1965 g

Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media.

Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act.

The authors - both leading academics in the field - have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era.

The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.

Autoren/Hrsg.

Fenwick, Helen

Phillipson, Gavin

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Medienrecht

Inhaltsverzeichnis

- 1.: Introduction

- Part 1 - Article 10 European Convention on Human Rights and the Human Rights Act

- 2.: Strasbourg, media freedom and proportionality: Article 10 of the European Convention on Human Rights

- 3.: The Human Rights Act in the context of media freedom

- Part 2 - The administration of justice and media freedom; fairness of proceedings; the open justice principle

- 4.: Introduction: free speech and fair trial values

- 5.: Free speech and fair trials: reporting restrictions

- 6.: Free speech and fair trials: prejudicing proceedings

- 7.: Protection of journalistic sources

- Part 3 - Media freedom, offence, morality and hate speech

- 8.: Pornography: hate speech?

- 9.: Blasphemy, racial hatred and religious hatred

- 10.: Censorship and regulation of the visual media on the ground of avoiding offence: general issues of law and policy

- 11.: Regulating broadcasting on grounds of avoiding offence

- 12.: Regulation of films, videos and the internet

- Part 4 - Media freedom and the protection of privacy

- 13.: Privacy and freedom of expression: Strasbourg jurisprudence in UK courts

- 14.: Protection for privacy against the press in the Human Rights Act era

- 15.: Defences to the tort of misuse of private information and remedies

- 16.: Restrictions protecting the private and family life of children

- 17.: Regulation of the broadcast media and the protection of privacy

- Part 5 - Copyright and media freedom

- 18.: Copyright law, Article 10 and media freedom

- Part 6 - Media freedom and political speech

- 19,: Official secrecy, access to information and the media

- 20.: Freedom of political expression in broadcasting

- 21.: Defamation and political speech

- 22.: Conclusions

Über Autor(innen)

Helen Fenwick, Professor of Law, University of Durham

Gavin Phillipson, Professor of Law, University of Durham