Equity and Trust in UK - OH WOW
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Added on 2021-01-01
Equity and Trust in UK - OH WOW
Added on 2021-01-01
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Equity and Trust
TABLE OF CONTENTSMAIN BODY...................................................................................................................................1SCENARIO 1...................................................................................................................................1SCENARIO 2...................................................................................................................................4REFERENCES................................................................................................................................8
MAIN BODYSCENARIO 1Fact related to case: The given case is related with celebrity marriage and invasion byreporter of a magazine who took personal photographs from the marriage and published thesame. Eva and Herman, a celebrity couple were getting married in a luxury hotel, Adelphi inCalifornia. They sold all the rights to a magazine named Goodbye to publish their weddingphotographs. But another magazine from UK, ‘Oh Wow’ sent its one of the reporters in disguiseto sneak in the marriage and take some pics. The reporter took photographs and sent one of them(Bride kissing one of brides man) to the London office of Magazine. Photo was published thevery same evening in the latest edition of Oh Wow. ISSUES TO BE DETERMINED:Is there an infringement of right to privacy?Does Eva and Herman have any interim relief against act of Oh Wow magazine?RULES RELEVANT WITH CASE:Right to Privacy and Invasion: Every person in the UK is given with right to privacy,be it a normal person or a celebrity who has recognized public image (Gallagher, Rogerson andCrinson, 2016). The Human Rights Act, 1998 and the European Convention on Human Rightsexplicitly provide rights of privacy to the citizens of UK. The phrase ‘invasion of the privacy’can be explained as intrusion in personal life of an individual by another without consent of thatperson. Issue of privacy invasion can affect anyone in the country. In this regard, TheRegulation of Investigatory Power Act has also been brought to make sure that Surveillance ofprivate individuals is carried out as per the regulations and provisions defined under act. Mainpurpose of this act is to protect the privacy right related with members of public.Human Rights act 1998: The act defines provisions related with:Section 12(3): Freedom of Expression1.This section is applicable when court considers that whether to grant relief or not and ifgranted, it can affect exercising right of freedom of expression. 2.The person against whom action is taken must be present in court personally and no suchrelief is to be granted unless court is satisfied that - all possible measures have been undertaken by party to inform the respondent,1
Or reasons are present for justification that respondent must not be notified.3. Relief must not be granted as restraining publication of specific material unless the court issatisfied by applicant that publication must not be allowed (Freedom of expression, 2018). Forthe cases which include materials of journalist art and literature must be given with importanceof the conversion right to freedom of expression which appears to the court the extent to whichmaterial has or about to become accessible to public or is in public interest to publish.European convention on human rights: Article 8: Right to respect for private and family lifeThis article states that every person has a right to respect his/her private andfamily life, home and correspondence. Along with this, it is also explained in this articlethat there shall be no interference by public authority to invade this right except inaccordance with law and also, when it is necessary. The essentiality can be explainedwhen it is necessary in interest of national security, public safety or economic well-beingof country for preventing disorder or crime, protecting health , rights and freedoms ofothers (Article 8 of the European Convention on Human Rights, 2018). Infringementunder Article may be established by the examination of following questions: Does the case or its certain facts are related with interests protected by article 8 or doesthis play a vital role in the lawsuit.Does the case interfere with one of the interest protected article 8?Is there an obligation to respect the interest? Is the interference made under case in accordance with the law?Does the infringement made has a lawful aim as presented in article 8? Does the interference seem to be essential in a democratic society?Injunction: This can be defined as an order by the court which refrains a particularperson from doing certain act. A prohibition injection is the one in which a party is forbiddenfrom performing a particular act. An injunction order is generally passed by the court as aremedy to applicant which is demonstrated by claimant to do same to protect one or other rightsprovided under law that areA legal right has been infringed or When claims for damages in monetarily value are not enough as compensation. 2
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