Chapter

The Fundamental Legal Right to Informational Privacy v The Fundamental Legal Right to Free Press

Lorenzo Zucca

in Constitutional Dilemmas

Published in print July 2008 | ISBN: 9780199552184
Published online January 2009 | e-ISBN: 9780191709630 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552184.003.0006
 The Fundamental Legal Right to Informational Privacy v The Fundamental Legal Right to Free Press

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This chapter examines the core case of the privacy-press conflict that can be summarized as follows: on one side the permission to disclose the truth, on the other the permission to conceal one's private life. The way in which this conflict is dealt with depends on local institutional arrangements as well as diverging interpretation of values. Personal honour is paramount in France and grounds a strong right to privacy, while in the USA free speech is sovereign and so is the protection of the press. In the UK, the right to privacy does not have much currency, but the over-expanding interpretation of the tort of breach of confidence largely fills the gap. It is concluded that some conflicting rights can be accommodated, even if conflicts cannot be solved without compromises.

Keywords: free speech; informational privacy; breach of confidence; personal honour; France; UK; USA; solving conflicts; compromises; rights accommodation

Chapter.  14946 words. 

Subjects: Constitutional and Administrative Law

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