Privacy law clarity

The judicial balancing act required in cases involving competing human rights has created a “fundamental shift” in the way courts “do things”, Mr Justice Eady has said.

Opening City University’s new Centre for Law, Justice and Journalism in March, Eady J pointed out that Parliament gave the courts “a free hand” to apply Strasbourg jurisprudence on the law of privacy.

He said there were many areas in need of clarification, for example, how public interest is to be assessed. “Should it simply be for the judge to make an objective assessment or should there be a slightly broader test, such as whether the journalist’s perception fell within a reasonable range of views?”