Privacy and the Media: The Impact of the Human Rights Bill
It is trite that there is no right to privacy as such in English law. In Kaye v Robertson Leggatt LJ said that this right 'has so long been disregarded here that it can be recognised now only by the legislature.'2 The Government have confirmed that they do not intend to introduce a statutory right of privacy as such. However, the European Convention on Human Rights (ECHR), which is currently being incorporated into domestic law by the Human Rights Bill,3 contains a right to 'respect for private life'.4 This essay will consider whether, and to what extent, this will lead to a right to privacy in English law. In particular it will address the question whether incorporation of the ECHR will create a right to privacy as against the media.
Since Kaye the debate about whether there is a right to privacy in the English common law (including rules of equity for this purpose)____________________