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Privacy and injunctions
This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be ...
Parliamentary privilege
Parliamentary privilege ensures that Members of Parliament are able to speak freely in debates, and protects Parliament's internal affairs from interference from the courts. Following (failed) attempts by some MPs to use parliamentary privilege to avoid prosecution for expenses fraud, the Government felt the time was right for a comprehensive review of the privileges of Parliament. Freedom of speech is arguably the most important privilege: a member must be able to speak or raise a matter without fear of a criminal or civil liability. The Government does not feel it necessary to change the protection of privilege in civil cases, nor in relation to injunctions or super-injunctions. But it is ...
Draft Defamation Bill
This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence...
Privacy and media intrusion
The Committee has returned to the long-running debate regarding the balance between protecting media freedom of expression and ensuring respect for the private lives of individuals. The National Heritage Committee had previously inquired into the subject in 1993 ("Privacy and media intrusion", HCP 294, session 1992-93; ISBN 0102976937). The report finds that the current situation is one of uncertainty, with the overall legal context still developing in the light of the Human Rights Act 1998 and the Data Protection Act 1998, and the new role of the Office of Communications (Ofcom) and arrangements for broadcasting regulation. Overall, standards of press behaviour, the Code of Conduct for pres...
Blackstone's Guide to the Protection from Harassment Act 1997
Covers many types of public order and personal dispute situations such as industrial strikes, neighbourhood disputes, investigative reporters and bullying at work. Includes a copy of the Act.
Parliament and the Law
The third edition of Parliament and the Law presents a timely and valuable resource covering recent developments. Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges. This edition includes new chapters on Brexit, legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament. This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials, and practitioners and is supported by the Study of Parliament Group (SPG).
