{"title":"The impact of the image on personal life: is current law out of focus?","authors":"Holly Hancock","doi":"10.1080/17577632.2021.1933704","DOIUrl":null,"url":null,"abstract":"ABSTRACT Drawing upon empirical research carried out by the author, this paper demonstrates that the current law in England and Wales on privacy fails to provide appropriate recourse for a person who feels aggrieved at their photograph being taken and shared, particularly where this evokes emotions of embarrassment or humiliation. Whilst some improvements to the current law are discussed to improve protection for the photographed's privacy rights, the main conclusion suggests that a greater focus on education and guidance would be a pragmatic and cost-effective solution, with this shift in emphasis concentrating efforts on the actions of the photographer. In turn, this would protect the interests of the photographed as a form of preventative measure, rather than reactionary move.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/17577632.2021.1933704","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Media Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17577632.2021.1933704","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 2
Abstract
ABSTRACT Drawing upon empirical research carried out by the author, this paper demonstrates that the current law in England and Wales on privacy fails to provide appropriate recourse for a person who feels aggrieved at their photograph being taken and shared, particularly where this evokes emotions of embarrassment or humiliation. Whilst some improvements to the current law are discussed to improve protection for the photographed's privacy rights, the main conclusion suggests that a greater focus on education and guidance would be a pragmatic and cost-effective solution, with this shift in emphasis concentrating efforts on the actions of the photographer. In turn, this would protect the interests of the photographed as a form of preventative measure, rather than reactionary move.
期刊介绍：
The only platform for focused, rigorous analysis of global developments in media law, this peer-reviewed journal, launched in Summer 2009, is: essential for teaching and research, essential for practice, essential for policy-making. It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens. The first issues feature articles on a wide range of topics such as: Developments in Defamation · Balancing Freedom of Expression and Privacy in the European Court of Human Rights · The Future of Public Television · Cameras in the Courtroom - Media Access to Classified Documents · Advertising Revenue v Editorial Independence · Gordon Ramsay: Obscenity Regulation Pioneer?
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