Friday, February 14, 2020

The lack of specific statutory legislation to deal with media Essay

The lack of specific statutory legislation to deal with media intrusion can be regarded as a weakness in English law. The Irish Privacy Bill 2006 represents a m - Essay Example In UK there is no specific statutory provision for the protection of privacy. However, because the violation of personal life cannot remain in certain circumstances without punishment, for this reason, the courts use instead the principles of law that are related with Human Rights in general. In this context, Human Rights Act of 1998 is the most common legislative text used by courts in UK in order to provide protection to people that have suffered an intrusion to their personal life by media. It has to be noticed though that English courts deal with the issue only at the level that the relevant freedoms provided by the English law are violated. In accordance with the article 2 of the Human Rights Act of 1998 ‘Everyone’s right to life shall be protected by the law’ (article 2, par.1). Furthermore, Human Rights Act of 1998 include a series of articles that provide protection in many cases when human rights are been threatened. We can indicatively refer to ‘th e right to liberty and security (article 5), the right to a fair trial (article 6), the right to respect for private and family life (article 8), the freedom of thought, conscience and religion (article 9), the freedom of expression (article 10), the freedom of assembly and association (article 11), the right to an effective remedy (article 13)’ and so on. At the European level, the right of privacy is also protected using the European Convention on the Protection of Fundamental Rights and Freedoms of 1948 as it has been amended by a series of protocols (no. 4, 6, 7, 11 and 12). An interesting legislative text in the area of protection of privacy is the Irish Privacy Bill 2006 which covers all possible aspects of personal life that can suffer an intrusion and violation. Generally, it has been stated by Ellis (1993, 85) that ‘British law recognises no statutory right to privacy but The Data Protection Act 1984 was the first Act to address this

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