Newcastle News June 2017

The JLD Edition
Should celebrities’ right to privacy be respected?
"I knew the paparazzi were going to be a
reality in my life. . . . But I didn't know that I
would feel anxiety every time I open my front
door, [it] makes me feel scared and gets my
adrenaline going every day."
This is a quote from actress
Jennifer Lawrence and illustrates
how distressing the intrusion on a
celebrity’s privacy can be. Despite
this, there is uncertainty as to the
level of protection a celebrity
should receive under the law as it
has been suggested that such
individuals somehow forfeit their
right to privacy as a consequence
of their career choice. Though this
may not be ethically correct, from
a pragmatic point of view it must
be acknowledged that celebrities
rely on media attention to further
their careers and to some extent
promote a relationship with the
press. This can blur the distinction
between attacks on personal
privacy and members of the press
exercising their competing right to
freedom of expression.
The ‘injunction’ is one of the main
remedies awarded in a privacy
case to prevent or limit the
publication of information.
However, there have been
concerns that the availability of
the so-called ‘celebrity injunction’
is sharply declining as in a recent
Supreme Court case, PJS v News
Group Newspapers Ltd [2016]
UKSC 26, no injunction was
awarded on the basis that the
information in question was
‘common knowledge’ as it had
been published in other countries.
In fact in the Court of Appeal
decision of PJS, it was noted that
the internet and social networking
have a life of their own, making
the control of information very
difficult. This forces us to question
the effectiveness of the injunction
as a remedy in celebrity privacy
cases as information can be shared
more rapidly than ever before.
There are different approaches
regarding how to answer this
question. Professor Daniel Solove
of George Washington University
argues that celebrities do not
consent to their loss of privacy and
that it is not a legitimate
requirement of their job to expect
them to do so. Although this
illustrates the importance of there
being some protection for a
celebrity’s right to privacy, the
reality of their relationship with the
media must be acknowledged.
Jeremy King, editor of Media Week
summarises this issue: “if you court
the media in the first place and
don't like it when they say
something nasty, then
unfortunately once you push the
toothpaste out of the tube it's hard
to get it back in."
Given the co-dependent
relationship between celebrities
and the media and the difficulty of
constraining the spread of
information, perhaps celebrities
must continue to tolerate the sort
of intrusion of which Jennifer
Lawrence complained.
Mariko Yanagisawa
Newcastle Student
Representative for the
Newcastle and North East JLD
and 2nd Year student at
Newcastle University
Interesting fact.
Mariko loves to cook, and her
favourite dish to make is risotto.
GDPR Seminar
September 2017
Are you ready for the implementation of the new General Data
Processing Regulation which will come into force on 25th May 2018.
At the invitation of Newcastle Law Society, Pearl Moses, Head of Risk
and Compliance at the Law Society will visit Newcastle to deliver a
seminar on the following:
Northumbria University Family
Law Prize
Resolution’s + local Chairperson + Helen + Robson + presents + Claire Wilson
who + is working + with + Gordon + Brown + solicitors + + with + the + + Northumbria + + +
+ University + Family + + Law prize. + Well done + + on your + achievement + + + + Claire + +
+ + + + + + + ++
and good luck for your future career!
• Requirements of the GDPR
• How data can/cannot be used
• Consent
• Penalties
• Preparing for implementation
We are finalising arrangements but this is likely to be on Thursday
the 14th of September between 1:30 and 3:30 pm at a central
Newcastle location. Want to register your interest? Email us on
mail@newcastlelawsociety .co.uk
We will be extending the invitation to Practice Managers of member
firms as well as our solicitors.
Pearl Moses is head of Risk and Compliance at the Law Society.
She is a solicitor with over 12 years' experience in private
practice, legal publishing and advising on regulatory compliance
issues. Pearl and her advisory team specialise in creating tailored
compliance solutions and interventions to help firms and inhouse
legal teams embed sound risk management principles and
best practice.
Newcastle News 9