Full Description
This comprehensive Research Handbook explores how the media has shaped, and been shaped by, the law of privacy and confidentiality. Leading experts from a range of jurisdictions investigate how the law and regulation in this area has evolved in response to changing media forms, functions and practices.
The central theme that emerges from this collection is that privacy, confidentiality and data protection standards now exert stronger influence on media law than ever before. Analysing key topics such as physical and digital privacy, non-disclosure agreements and data protection claims against the media, the Research Handbook underscores the enduring importance of journalistic reporting and the foundational value of freedom of expression in democratic societies. At the same time, the contributors demonstrate that respect for confidentiality, privacy and data protection is also indispensable for human dignity, autonomy and the flourishing of modern information societies. This collection explores the continuing need for privacy law to adapt to emerging technologies and new social practices, such as the changing dynamics of media production and consumption.
The Research Handbook on Privacy and Confidentiality in Media Law is a crucial resource for scholars and students seeking to better understand the ever-shifting norms governing privacy, confidentiality and data protection in media contexts. Its rigorous analysis and perceptive insights will also be invaluable to media law practitioners, policymakers and regulators.
Contents
Contents
Foreword ix
N A Moreham
Introduction to the Research Handbook on Privacy and Confidentiality in Media
Law 1
Normann Witzleb, Megan Richardson and Damian Clifford
PART I SCOPING PRIVACY AND CONFIDENTIALITY
1 The hermit problem: extroversion's role in liberating privacy from
confidentiality 11
Paul Wragg
2 Physical privacy and the media 30
Jeevan Hariharan
3 Contracting for confidentiality: contemporary uses and apparent misuses
of non-disclosure agreements 49
David Caudill
4 Privacy, confidentiality and free speech values 67
Brian Murchison and Megan Richardson
PART II TENSIONS AND BALANCES WITH MEDIA FREEDOM
5 Balancing privacy against free speech: in defence of exposing hypocrisy 85
Rebecca Moosavian and Peter Coe
6 The relevance of public figure status in the law of privacy: a defence 102
Jacob Rowbottom
7 Newsworthiness in the United States: a short history of the privacy-
publication clash 119
Amy Gajda
8 Tarnished images and shattered lives: Asian celebrities succumb to online
abuse 134
Dan Rosen
9 Balancing media freedom and privacy in the digital age: an African
approach 153
Yohannes Eneyew Ayalew
10 Internationalization of media freedom and privacy 171
Jan Oster
PART III NEW REGULATORY APPROACHES AND DYNAMICS
11 Data protection claims against the media: identifying the proper scope of
journalism exemptions 188
Normann Witzleb
12 Sensitive health information in the media: responsibilities of information
fiduciaries 211
Edward S. Dove, Mark J. Taylor and Megan Richardson
13 The right to be forgotten and the media 228
Felicitas Benziger and Patrick O'Callaghan
14 Children's and young people's privacy and online safety on social media 247
Lisa Archbold and Faith Gordon
15 Regulating recommender systems beyond the GDPR: combatting online
disinformation through privacy and data protection in the EU 272
Flavia Giglio and Aleksandra Kuczerawy
16 Judicial officers and social media: addressing attacks on judicial freedom 297
Andrew Ray, Damian Clifford and Heather Roberts
