Law Assignment Dealing with the Issues
Added on 2020-02-19
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Running head: LAW ASSIGNMENTLaw AssignmentName of the StudentName of the UniversityAuthor Note
1LAW ASSIGNMENTPart ACase Brief Name of the Case: Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22Name of the parties: NaomiCampbell (claimant) v Mirror Group Newspapers Ltd(respondent)Name of the Court: House of LordsJudges: Lord Nicholls of Birkenhead, Lord Hoffman, Lord Hope of Craighead,Baroness Hale of Richmond and Lord Carswell.Facts of the case: Famous model Campbell was addicted to drugs and was undergoingtreatment through attending Narcotics Anonymous (NA) meetings; ”Mirror” newspaperexposed Campbell’s activity of receiving addiction treatment in the NA meeting byphotographing covertly. The defendant newspaper published articles disclosing abouther drug addiction and that she was receiving therapy treatment with the help of a ‘self-help’ group. The photograph showed her in a street where she was leaving after agroup meeting. The photograph was accompanied with an article providing detailsabout the schedule of the group meetings she attends for the therapy. Campbellclaimed damages for breach of confidentiality against the newspaper.Legal issues: (1)How to strike a balance between the right to privacy underArticle 8 and right to freedom of expression under Article 10 of ECHR in the following case(2)What is the legal basis for claiming breach of confidentiality?Part BThe essay deals with the interpretation of the right to privacy and right to freedom ofexpression in the context of Naomi Campbell. The present case revolves around theknown completion that prevails between the right to privacy and freedom of expression
2LAW ASSIGNMENTstipulated under Article 8 and Article 10 of the ECHR respectively. Article 8 requiresevery person to recognize and respect the family and private life of other personssubject to an exception where such intrusion is justifiable if it purports to safeguard thefreedoms and rights of other persons. Article 10 recognizes the freedom of expressionsbut restricts such freedom when it comes to protection of rights of other persons. Whenboth these articles are involved, it may give rise to the question of proportionality. Theessay discusses about the issues in question in the present case, which revolvesaround Article 8 and Article 10 of the ECHR. It further involves determination of the factwhether the published information falls within the scope of article 8, breaching privacyand family life. While determining the issue the courts have applied the benchmark testto determine whether the claimant had reasonable expectation of privacy with respect tothe disclosed information.In the Campbell’s case, Lord Hoffmann applied various approaches while dealingwith the issues involved in the case. Most of the judges held that the act amounted tobreach of confidence but they also held that the basis for initiating the legal action wasthe protection of private information. Under such circumstances, Article 8 of the ECHRshall become applicable if the person disclosing the information had the knowledge orshould have known that the information in question was reasonably expected to be keptas confidential1. The court shall extend protection to the personal information about the individuals ifit is established that privacy was reasonable expected in relation to such information.However, although the courts have not explicitly considered the question whether aperson can reasonable expect their information to be kept confidential in public.Precedents have made it clear that confidentiality cannot be expected from informationthat has reached the public domain as was observed in Coco v Clark (Engineers) LTD[1969] RPC 412. The court held that any matter that is considered as public propertyand public knowledge, the disclosure of the same cannot be deemed as breach ofconfidence. 1McHarg, Aileen. "Human rights: would our rights be better protected in or out of Europe?." (2016): 64-68.2[1969] RPC 41.
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