CONTENTS
Terms of Reference
Executive Summary
Chapter 1: Introduction
Chapter 2: The Evolution of Privacy Law
Privacy and freedom of expression as concepts
Evolution of privacy laws prior to the Human
Rights Act 1998
Privacy and freedom of expression in the
Human Rights Act 1998
Box 1: Articles 8 and 10 of the European
Convention on Human Rights
Privacy and freedom of expression after the
Human Rights Act 1998
Recent cases on privacy
Master of the Rolls' Committee on Super-Injunctions
Chapter 3: Is the Law Working?
The balance between articles 8 and 10
A privacy statute
A statute defining privacy
A statute reaffirming the right to privacy
Determining the public interest in private
lives
Guidance on the public interest in media
codes
Box 2: Press Complaints Commission guidance
on the public interest
Box 3: Rule 8.1 of the Ofcom Broadcasting
Code
Defining the public interest
Injunctions and section 12 of the Human Rights
Act 1998
Box 4: Section 12 of the Human Rights Act
1998
Requirement to have "particular regard
to the importance of freedom of expression"
Courts' willingness to grant injunctions
Effects of injunctions upon individuals
Cross-border enforcement of injunctions within
the United Kingdom
Privacy, celebrities and public figures
Commercial viability of the press
Chapter 4: Improving Protection of PrivacyOnline
enforcement
Notice and take down
The role of search engines
Limiting the circulation of injunction notices
Remedies
Level of damages and exemplary damages
Costs and access to justice
Conditional fee agreements
Better regulation
Chapter 5: Better Regulation of news publications
The Press Complaints Commission
Box 5: PCC Editors' Code of Practice clause
on privacyThe need for reform of the PCC
Privacy and the PCC
Independent regulation
Inclusion of all major publishers
Status of the regulator
Access for complainants
Effective sanctions
Adjudications
Financial sanctions
Arbitration and mediation
Chapter 6: Parliamentary Privilege and Injunctions
Freedom of speech in Parliament and injunctions
Comity between Parliament and the courts
Compliance with injunctions in Parliament
Media reporting of parliamentary proceedings
Chapter 7: Conclusions and Recommendations
Appendix 1: Joint Committee on Privacy and
Injunctions
Appendix 2: List of Witnesses
Appendix 3: Main findings of the Master of
the Rolls' Committee on super-injunctions
Appendix 4: Call for Evidence
Appendix 5: Formal Minutes
Evidence is published online at www.parliament.uk/jcpi
and available for inspection at the Parliamentary Archives (020
7219 5314)
References in footnotes to the Report are as follows:
Q refers to a question in oral evidence;
Witness names without a question reference refer
to written evidence.
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