Where There Is an Invasion of Privacy by the Media, an Action in Tort Essay

Where There Is an Invasion of Privacy by the Media, an Action in Tort is unfeignedly only an Option for the Wealthy - Essay ExampleRecent events have added credence to this view the law and its application by the judiciary has come downstairs intense criticism from the media, celebrities, and politicians. In general terms, tort refers to a civil wrong because it is committed by a soul against the other (the term person includes legal entities like companies). The law of tort and especially that relating to loneliness are founded on the belief that each person has certain interests that have to be protect by law.1 These interests can be protected by the court in two main ways issuing an injunction to the defendant to refrain from interfere with the interest of the complainant, and awarding damages for infringement of protected interest of a particular individual. Recent years have witnessed increasing number of people get concerned about their reputation and privacy. Therefore, in an event that the reputation and privacy is infringed by writing or untrue speech, damages may be seek in the court of law by the aggrieved party.2 In side law, privacy law considers that individual has a upright to informational privacy and the situations in which such right should be protected or disregarded. Specifically, this right to informational privacy protects individuals private information against unauthorized disclosure or misuse.3 The media has been the biggest culprit of violating the right to privacy of people in the UK. Most cases relating to privacy are usually brought against media companies.4 Recent years have witnessed a rising number of people especially the celebrities and the politicians bringing privacy cases against media companies, as well as seeking injunction from the court to refrain media from interfering with their informational privacy.5 These individuals seek informational privacy on a number of issues such as conference privacy, health privac y, relationship privacy, and financial privacy among others. Previous and present cases relating to privacy show that most people who opt for tort are the wealthy and at that place is very small evidence of non-wealthy opting for an action in tort in regard to privacy. There has been a raging debated on whether, indeed, where there is an invasion of privacy by the media, an action in tort is really only an option for the wealthy. This debate has been fueled by the increasing evidence of the wealthy opting for action in tort while negligible number of non-wealthy opting for the same.6 This paper will discuss this debate with the view of finding out whether it is true or not. Privacy fairness in the UK It is important to note that English law has no specific tort to defend privacy. As a result, the courts have had to confront this situation and proportionateness the individuals privacy rights against the right to freedom of speech which is often attacked in most cases relating to p rivacy.7 The development of protection of human privacy in English Common law has been helped greatly by the UK Human Rights Act 1998 that was incorporated through the European chemical formula on Human Rights (ECHR). Particularly, Article 8 of the Convention helped in guaranteeing the right to privacy into the English Common law.8 That notwithstanding though, English Common law does not have a freestanding tort of privacy. In the absence of such tort law, a variety of torts linked to inflicting harm to a person intentionally, principles of administrative law relating to proper use of police powers, and straightforward remedy of confidence have been used to resolve cases relating to infringement of privacy of individuals.9 As reaffirmed in the case of Wainwright v Home Office, the application of ten-fold remedies and emphatic and frequent assertions by the judiciary, shows that there is