Privacy and defamation

Is tort of privacy recognized in English law?

• Yes

• No

• I do not know

Which case established marital confidence?

• Campbell v Mirror Group Newspaper [2004] ALL ER 995(HL)

• Kaye vRobertson [1991]

• Duchess of Argyll v Duke of Argyll [1967]

• Coco vAN Clarke (Engineers) Ltd [1968]

Please choose all elements to establish confident

• 1.The information was imparted in circumstances importing an obligation of confidence’

  2.the defendant must make ‘unauthorised use’ of the information.

• .Duty of care, breach of that duty, compentation

• 1.the information must have ‘the necessary element of confidence about it’

  2.The information was imparted in circumstances importing an obligation of confidence’

• 1.1.he information must have ‘the necessary element of confidence about it’

  2.The information was imparted in circumstances importing an obligation of confidence’

  3.the defendant must make ‘unauthorised use’ of the information.

Two stage test for misuse of private information

Answer explanation

1. Reasonable expectation of privacy

2.Balance between right to privacy and freedom of expression

.....-Claimants can apply for an injunction to prevent publication in the first place, or to prevent further publication if the material has already been published. The injunction may be an interim one, which is designed to put the situation on hold until the issue is tried, or a permanent one, which is issued if a claimant proves their case at trial.

•Although most breach of confidence cases concern claimants who are trying to get an injunction to prevent publication, there are also cases where confidential information is published before the claimants have a chance to try to prevent it. In this situation, they can go to court to try to get damages (and if necessary, an injunction against further publication

..... is a defence that protects statements made in certain specified circumstances.

• TRUTH

• HONEST OPINIONS

• ABSOLUTE PRIVILEGE

• QUALIFIED PRIVILEGE

Which case established responsible journalism test ?

• REYNOLDS VTIMES NEWSPAPERS LTD

• BRITISH CHIROPRACTIC ASSOCIATION (BCA) VSINGH [2010] EWCA CIV 350

• Nail v HarperCollins and News Group (2004)

• Alexander v North Eastern Railway Co [1865]