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The judge is often asked to order that certain matters or information should not be published; the media usually oppose the request.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
