Michael Tugendhat, ‘Campbell at 20: Privacy before Campbell

ABSTRACT
This article considers three questions: What was it like to practice in the law of privacy before Campbell v MGN Ltd? What made both necessary and possible the development of the common law that occurred in Campbell? What does Campbell now stand for? It demonstrates that there were many legal means for prohibiting the misuse of private information before 2004 under the common law and statute law. It shows that Campbell was a development of the common law that judges made to address technical and societal changes in modern life, and that it was the common law itself, not the Human Rights Act 1998, that required judges to develop the common law in this way.

Michael Tugendhat, Campbell at 20: Privacy before Campbell, Journal of Media Law. Published online: 5 May 2026.

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