Chapter 27 Self-test questions

What is a 'super-injunction' in privacy law?

The name given to an injunction which stops TV and radio, as well as newspapers, publishing material

An injunction which includes a clause banning the media from identifying who applied to the court for the injunction

An injunction which includes a clause banning the media and anyone else from publicising the fact that the injunction has been made

A court order which combines several injunctions

What does Article 8 of the European Convention on Human Rights say?

'Every person needs respect for their private and home life, their communications, and financial and health information'

'The rights of privacy outweigh the rights to freedom of expression if publication of material could cause humiliation, distress or harm to the person whose privacy is violated'

'Each human being has the right to expect intimate and family matters, and health and monetary matters, to be kept private'

'Everyone has the right to respect for his private and family life, his home and his correspondence'

A claimant seeking an injunction to stop the media from publishing information about his/her private life must first demonstrate that he/she has a 'reasonable expectation of privacy' in relation to the information.

True

False

A media organisation accused of publishing material which intrudes into someone's privacy or breaches a confidence can - if the material exposes wrongdoing or hypocrisy - use the defence that the journalism is 'in the '_____' interest

In a privacy case in which media intrusion is alleged, a judge should consider what the Editors' Code of Practice or the Ofcom Broadcasting Code says, because section 12 of the Human Rights Act says that a court considering a matter affecting freedom of expression must have regard to any '_____' privacy code.

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