ABSTRACT
This article focuses on the findings in the seminal decision in Campbell as to the speech/privacy balancing act, to argue that since that decision two divergent strands of jurisprudence have emerged, placing those findings under some pressure. Firstly, it will be argued that the Campbell view of the proper conduct of the act – on the basis of the presumptive equality of the two interests at stake – is not in reality replicated at Strasbourg, and the Strasbourg stance has had some impact on the domestic understanding of that act. Secondly, the role of the Campbell model of the balancing act within the emergent and rising online privacy jurisprudence will be explored relation to situations sometimes far removed from the Campbell one. It will be argued that nevertheless the Campbell, not the Strasbourg, stance as to the balancing act can and should be deployed in the online context, including as to search-engines.
Helen Fenwick, Campbell at 20: where now for the balancing act?, Journal of Media Law. Published online: 26 May 2026.
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