Download this Paper Open PDF in Browser

Prior Notification in Privacy Cases: A Reply to Professor Phillipson

21 Pages Posted: 14 Jun 2010  

Andrew Scott

London School of Economics - Law Department

Date Written: May, 18 2010

Abstract

In a recent edition of the Journal of Media Law, Professor Gavin Phillipson considered whether the United Kingdom must impose a prior notification obligation on the media in respect of stories that concern the private conduct of individuals. Such a notification requirement would allow time for the subjects of such stories to seek interim relief to prevent publication. Max Mosley has asked the European Court of Human Rights to oblige the UK to introduce such a rule. Professor Phillipson concluded that Mosley should win his case. This paper proceeds, first, by questioning the fundamental premise of the Phillipson/Mosley argument: that damages are inadequate to compensate harms done through publication of private information. Secondly, it considers the practical ramifications of the imposition of a prior notification requirement, both in terms of the ‘workability’ of a legal obligation and the impact it would have on media freedom. Thirdly, it airs the question of whether – in light of the margin of appreciation afforded to contracting states – it would be legitimate for the Strasbourg court to compel the introduction of a specific measure to assist the protection of privacy. The paper concludes that the European Court should not find the United Kingdom in breach of its obligations. Nevertheless, it closes with reflections on the desirability of prior notification, and the availability of other means to encourage the practice.

Suggested Citation

Scott, Andrew, Prior Notification in Privacy Cases: A Reply to Professor Phillipson (May, 18 2010). LSE Legal Studies Working Paper No. 9/2010. Available at SSRN: https://ssrn.com/abstract=1610273 or http://dx.doi.org/10.2139/ssrn.1610273

Andrew Scott (Contact Author)

London School of Economics - Law Department ( email )

Paper statistics

Downloads
177
Rank
143,743
Abstract Views
1,256