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Harassment and the Media

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Abstract:

In their article on Harassment and the Media, Mark Thomson and Nicola McCann consider the application and impact of the Protection from Harassment Act 1997 (“the Act”), in particular in cases involving the media, including Thomas v Newsgroup [2002] and Howlett v Holding [2006], as well as more recent cases involving injunctions against paparazzi. They analyse the extent that the Act can be used by individuals to protect their right to respect for their private life, especially in relation to outside activity, as an alternative to the more established causes of actions (such as the claim for misuse of private information and libel). They consider aspects of prepublication harassment by the media and whether publication of photographs of private events may also constitute an element of potential harassment. Finally they consider whether, and to what extent, the Act fills the remaining gaps in the patch-work system of remedies for the redress of infringements of Article 8.

Document Type: Commentary

Publication date: December 1, 2009

More about this publication?
  • The only platform for focused, rigorous analysis of global developments in media law, this new peer-reviewed journal is:

    • essential for teaching and research
    • essential for practice
    • essential for policy-making.

    It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens.

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