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By Professor Andrew T. Kenyon, Megan Richardson
Whereas the assumption of'privacy' is venerable,1 sleek obsessions with privateness are mostly rooted within the 20th century, quite the years following the second one global battle. the ideal purposes may perhaps differ and changeover time. As any ecu civilian legal professional will be sure, the eu conference on Human Rights/ with its very important provision for safeguard of non-public lifestyles along its safeguard of freedom of expression, was once an instantaneous reaction to the numerous and sundry intrusions on own integrity that happened throughout the warfare years. In Europe it nonetheless represents a bulwark opposed to organised authority, and considerably not just one constrained to the authority of the country.
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One final point should be made briefly before we examine the types of case where privacy claims may support freedom of speech. Public disclosure (and false light) cases in practice raise a conflict between privacy and the rights of the press and other media, rather than between the former and the right of an individual to exercise her free speech rights. The media are of course entitled to the protection of the right to freedom of expression, largely because they provide citizens with information and provide a forum for public discussion.
But such distinctions have to be drawn, unless the privacy right is to be altogether eviscerated. It makes sense to say that free political speech is of prime importance and that, therefore, the media are entitled to report that a minister is having an extra-marital affair and so trump her privacy right. It makes much less sense to make this claim, when the claimant is a footballer or film star. Celebrities are not elected, nor do they exercise political power or claim moral leadership; the public does not have the same legitimate interest in knowing the truth about their character, as it does in knowing the truth about the private life of a member of parliament, a bishop, or perhaps a prominent businessman or newspaper editor.
26 eric barendt one hand and freedom of the press on the other. This is brought out by the case of Cohen v. 44 A newspaper decided to break its promise of confidentiality to a source, because the editor considered that disclosing the identity of the source, a consultant employed by the Republicans, would strengthen the story he had given the paper about the shop-lifting conviction of the Democrat candidate for state Lieutenant Governor. The US Supreme Court held that the press did not have a First Amendment immunity to the source’s action for breach of the confidentiality promise.