ABSTRACT
Freedom of expression is an essential feature of a free and democratic society. Without freedom of expression, there could be no exchange of ideas, no political debate. A free press is equally essential. In this chapter we will consider the law relating to freedom of expression and its limitations. We will also consider privacy of the individual. At first glance it might seem curious to link freedom of expression with the ‘right’ to privacy – not least because there is, under domestic law as usually understood, no ‘right’ to privacy. The justification for linking these two concepts lies in the way in which an aspect of freedom of expression – its limitation under the law relating to confidential disclosures – has led to the protection of privacy by the courts. This development is recent and in strict contradiction of the intention of the government when introducing the Human Rights Act 1998.
