Private Law Theory

INTRODUCTION
Any action which affects freedom of expression needs clearly articulated defences. Media outlets, whistleblowers and social media users need licence to investigate and publish matters of legitimate public concern and clear guidance about when it will be given. The second stage of the English misuse of private information tort – where courts decide if a claimant’s reasonable expectation of privacy is outweighed by countervailing freedom of expression interests – therefore has an important bearing on the societal impact of privacy case law, as well as its coherence and predictability. At the moment, the courts’ approach to balancing privacy and freedom interests in the privacy tort is problematic …

€ (Westlaw)

NA Moreham, ‘Privacy, freedom of expression and legitimate audience interest’ (2023) 139 Law Quarterly Review (Jul) 412-435.