ABSTRACT
The judicial recognition that a person generally has a reasonable expectation of privacy in a police investigation about them has led prominent media figures to argue that English law unacceptably stifles important journalism, including into issues like sexual misconduct. This article highlights that a proper assessment of the media’s concerns requires focus to shift from ‘stage one’ of the misuse of private information tort to ‘stage two’, where courts explicitly consider the publisher’s free expression rights. A close examination of the stage two balancing exercise in key police investigation cases reveals a complex and layered story. On the one hand, it becomes clear that the press has significantly over-simplified the legal position on investigations. At the same time, it is important for courts to provide more clarity on the circumstances in which it is permissible to name a suspect to ensure that legitimate public interest journalism is positively encouraged. In order to make these claims and suggest a way forward, this article provides a ‘guide’ consisting of five principles governing reporting in investigations cases, drawing together key indications in the decisions to date.
Hariharan, Jeevan, Has English privacy law gone too far? Police investigations and the media’s ability to report on serious wrongdoing (April 16, 2025), Journal of Media Law (forthcoming).
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