媒体与娱乐法
广播监管、言论自由、藐视法庭和报道限制。
简介
媒体法在言论自由与藐视法庭和隐私保护等限制之间寻求平衡。
核心原则
Freedom of Expression — Article 10 ECHR (given effect by the HRA 1998) protects the right to freedom of expression, including the freedom to receive and impart information. The right is qualified and can be restricted where necessary and proportionate.
Contempt of Court — The Contempt of Court Act 1981 creates strict liability contempt: publications that create a substantial risk of serious prejudice to active court proceedings are punishable.
Reporting Restrictions — Various statutory provisions restrict reporting of court proceedings, particularly involving children (Children and Young Persons Act 1933, s.39), sexual offence complainants (Sexual Offences (Amendment) Act 1992), and family proceedings.
Privacy — There is no free-standing tort of privacy, but Article 8 ECHR provides protection through the action for misuse of private information (Campbell v MGN [2004]).
Ofcom Regulation — Ofcom regulates broadcasting content, ensuring compliance with the Broadcasting Code covering impartiality, accuracy, harm and offence, and the protection of children.
Online Safety — The Online Safety Act 2023 imposes duties on providers of internet services to protect users from illegal content and, for services likely to be accessed by children, from content harmful to children.
关键法规
重要判例
Campbell v MGN Ltd
[2004] UKHL 22
Reynolds v Times Newspapers
[2001] 2 AC 127
常见情景
Newspaper publishes private photos
The subject may bring a claim for misuse of private information (Campbell v MGN). The court balances Article 8 (privacy) against Article 10 (freedom of expression), considering whether the individual had a reasonable expectation of privacy and whether publication was proportionate.
Social media post prejudices a criminal trial
Publishing material that creates a substantial risk of serious prejudice to active criminal proceedings is strict liability contempt under the Contempt of Court Act 1981. This applies to social media posts as much as traditional media.