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The Judicial House of Lords 1876–2009$
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Louis Blom-Cooper QC, Brice Dickson, and Gavin Drewry

Print publication date: 2009

Print ISBN-13: 9780199532711

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199532711.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 20 November 2019

Libel, Privacy, and Freedom of Expression

Libel, Privacy, and Freedom of Expression

Chapter:
(p.653) 35 Libel, Privacy, and Freedom of Expression
Source:
The Judicial House of Lords 1876–2009
Author(s):

Eric Barendt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199532711.003.0041

In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy tort, holding in Wainwright v Home Office that it would be inappropriate for the courts to formulate a broad right of uncertain scope. But the law of confidentiality has been developed to protect personal (and official) information against disclosure by the media. This chapter discusses this topic and then looks at contempt of court and the open justice principle, where the House of Lords has been inconsistent in the weight it attaches to freedom of speech and of the press.

Keywords:   House of Lords, English law, libel law, confidentiality, privacy, contempt of court

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