English Defamation Law - Right of Privacy?

Right of Privacy?

Since the passage of the Human Rights Act 1998, the law of defamation has been subject to pressure for reform from two particular provisions of the European Convention on Human Rights: Article 10 ECHR guarantees freedom of expression, while Article 8 ECHR guarantees a right to respect for privacy and family life. The question is, therefore, whether the law of defamation strikes the appropriate balance between allowing, for instance, newspapers sufficient freedom to engage in journalistic activity and, on the other hand, the right of private citizens not to suffer unwarranted intrusion.

An independent tort protecting privacy has been rejected in a number of cases including Kaye v Robertson in the Court of Appeal and again recently in the House of Lords in Wainwright v Home Office.