ABSTRACT
None of the rights pertaining to the taking or publication of photographs are absolute rights. They may be restricted in support of other interests. While photographers and publishers of photographs are free to enjoy their freedom of expression rights, they have both a legal and moral duty to respect and not infringe the legal, private rights of others. The protection and enforcement of the guaranteed, private rights of others may result in the restriction of photographers’ and publishers’ rights. Chapter 4 focuses on the “private” or individual rights and interests that may warrant restrictions on photographers’ and photograph publishers’ rights. In determining whether or not to enforce the protection of photographers’ and publishers’ freedom of expression rights, the courts must balance those rights with any competing rights. The chapter examines whether or not and the extent to which duties, if any, are being created and placed upon photographers and publishers by the courts through their interpretation of the law on freedom of expression. From a jurisdiction comparison perspective, this chapter focuses on Ireland and the United Kingdom. It also examines the relevant European Union law and determinations by the CJEU and the ECtHR.
