Abstract

http://ssrn.com/abstract=1752658
 


 



Looking Again at Photographs and Privacy: Theoretical Perspectives on Law’s Treatment of Photographs as Invasions of Privacy


David Rolph


University of Sydney - Faculty of Law

February 1, 2011

LAW, CULTURE AND VISUAL STUDIES, A. Wagner, R. Sherwin, eds., Springer: Netherlands, 2013
Sydney Law School Research Paper No. 11/07

Abstract:     
Courts in the United Kingdom, Australia and New Zealand are increasingly entertaining claims for invasions of privacy. Many of these cases involve the publication of photographs by a media outlet. In the United Kingdom in particular, the means of protecting personal privacy has been the adaptation of the existing, information-based cause of action for breach of confidence. This has entailed treating photographs as a form of information. This essay analyses the imposition of liability for the publication of intrusive photographs, as it is developing in the United Kingdom, using Campbell v MGN Ltd [2004] 2 AC 459 and Douglas v Hello! Ltd [2008] 1 AC 1 as case-studies. It applies critical insights from leading theorists on photography, such as Barthes, Berger and Sontag, to suggest that the judicial treatment of photography is underdeveloped.

Number of Pages in PDF File: 33

Keywords: Media law, Privacy, Breach of confidence, Photography, United Kingdom, Australia, New Zealand, Theory

JEL Classification: K10, K13, K30

Accepted Paper Series


Download This Paper

Date posted: February 2, 2011 ; Last revised: July 15, 2013

Suggested Citation

Rolph, David, Looking Again at Photographs and Privacy: Theoretical Perspectives on Law’s Treatment of Photographs as Invasions of Privacy (February 1, 2011). LAW, CULTURE AND VISUAL STUDIES, A. Wagner, R. Sherwin, eds., Springer: Netherlands, 2013; Sydney Law School Research Paper No. 11/07. Available at SSRN: http://ssrn.com/abstract=1752658

Contact Information

David Rolph (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 974
Downloads: 150
Download Rank: 113,317

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.360 seconds