ABSTRACT

No tort of invasion of privacy exists in the UK as in the US to control the activity of the media in obtaining information regarding an individual’s private life and then publishing the details, possibly in exaggerated, lurid terms. However, certain legal controls arising from the law of confidence do exist, although they are not aimed directly at the invasion of privacy, they can be used against the media when private information is published. However, it will be argued that this control is still fairly limited in scope and, to some extent, aimed at the protection of other interests, arguably making it ill-suited to the protection of privacy. Further, it will be suggested that extension of confidence with a view to providing greater protection for personal information should be viewed with caution, due to the threat which would be posed to media freedom.