Protecting Privacy: The Clifford Chance Lectures - Vol. 4

By Basil S. Markesinis | Go to book overview

of violating someone's right to privacy. But if it violates anyone's rights in the ECHR, for example a journalist's freedom of expression, it is right that it should be answerable for that. Sometimes the PCC will have a positive obligation under Article 8 of the ECHR to protect people's privacy from newspapers. But this is what it is designed to do in any event. If it does its job effectively, it will have nothing to fear from the courts.

It is also important to bear in mind that, in those cases that do come before the courts, whether on judicial review from the PCC or directly, they are themselves public authorities under the Bill. They must comply with the ECHR--and this means all of the ECHR, not just one part of it. They will have to balance the right to privacy against the right to freedom of expression in Article 10 of the Convention. They will also have to bear in mind the case-law from Strasbourg. The Court of Human Rights has often stressed that freedom of the Press is essential to a democratic society, in particular when the Press are investigating the working of government or other matters in the public interest. The Court has also frowned upon the use of prior restraints (i.e. injunctions or gagging orders) which prevent news from being published, because it recognises that news is often a perishable commodity. Legitimate and fearless reporting therefore has nothing to fear from the ECHR. Far from it--incorporation of the ECHR will give to journalists and newspapers the guaranteed right to freedom of expression for the first time in our history. The British Press has secured many important victories in Strasbourg--the Thalidomide case brought by the Sunday Times in the 197OS and the Spycatcher cases brought in the late 1980s by various newspapers including the Observer and the Guardian are among the most memorable.60 It has helped to achieve the high level of protection afforded to freedom of expression in the Strasbourg case-law. Everyone who supports freedom of the Press should welcome the Bill which brings these hard-won rights home.


CONCLUSION

The enactment of the Human Rights Bill will mark 'the beginning of a new constitutional chapter' in the history of the United

____________________
60
N. 52 above.

-189-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Protecting Privacy: The Clifford Chance Lectures - Vol. 4
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 254

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.