Question 1

• The question requires, first, a consideration of the institutions through which complaints about media invasions of privacy can be dealt with: the regulatory bodies and their codes (both press and broadcasting) and the ordinary common law. Regarding the latter, particular attention needs to be paid to the development of the well established remedy for breach of confidence into a protection for a reasonable expectation of privacy. These matters are discussed at 22.3.1-22.3.2.

• Second, the question requires a consideration of Article 10 and Article 8 and the consequent need for a court to be satisfied that there has been a fair balance between freedom of expression and respect for private life. Chapters 15 (Article 8) and 19 (Article 10) should be consulted. 22.6 considers the way these interests have been balanced in a number of celebrity cases.

• Defamation can relate to the protection of private life so, in the context of the nature of media freedom and privacy, the doctrine of 'qualified privilege' needs to be considered (see 22.4).