header-logo header-logo

25 May 2016 / Alec Samuels
Categories: Features , Human rights
printer mail-detail

Rights to fight

The right to privacy & family life versus the right to free expression: which is to prevail? Alec Samuels reports

The judge is often asked to order that certain matters or information should not be published; the media usually oppose the request. How is the judge to decide between the right to privacy and family life versus the right to free expression? Article 8 or Art 10? Certain propositions, arguable and rational, and supported by authority, are likely to be advanced by the parties: neither article has precedence, there is no hierarchy, the judge has to balance the competing claims.

There must be strong, even compelling, reasons for interfering with a convention right. The judge must bring an intensive focus to bear on the comparative importance of both rights.

Open justice is a fundamental principle in the court setting. The protection of children always ranks as a high priority.

Contemporary 

In contemporary society the judge is unlikely to order the suppression of the reporting of human relationships and affairs, especially of celebrities in the public

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll