The fourth edition of Media and Entertainment Law has been fully updated, analysing some of the most recent judgments in media law from across the United Kingdom, such as Cliff Richard v the BBC, Max Schrems v Facebook and the Irish Information Commissioner, developments on the ‘right to be forgotten’ (NT1 and NT2) and ABC v Daily Telegraph (Sir Philip Green).
The book’s two main themes are freedom of expression and an individual’s right to privacy. Regulation of the communication industries is covered extensively, including discussion of the print press and its online editions following Leveson, traditional broadcasting regulations for terrestrial TV and radio as well as media activities on converged devices, such as tablets, iPads, mobile phone devices and ‘on demand’ services. Intellectual property law (specifically copyright) in the music and entertainment industries is also explored in the book’s later chapters.
Also new to this edition are sections on:
- A focus on freedom of expression: its philosophical foundations; the struggles of those who have fought for it; and the varied ways in which the courts interpret freedom of expression regarding the taking and publishing of photographs.
- The ‘right to be forgotten’, data breaches, and the General Data Protection Regulation (GDPR).
- The media’s increasing access to the courts, particularly when considering the privacy of those who are suspected of sexual offences.
- Press regulators, broadcasting and advertising regulations, and film and video regulations.
- Election and party-political broadcast regulations, with a focus on social media and recent election fraud.
- The emergence of online music distribution services, internet radio and free digital streaming music services, and their effect on the music industry.
The fourth edition also features a variety of pedagogical features to encourage critical analysis of case law and one’s own beliefs.
Table of Contents
Glossary of Acronyms and Legal Terms
Table of Cases
Table of Legislation
Table of International Instruments and Treaties
1. Freedom of Expression
1.2 Philosophical foundations of freedom of expression
1.3 Theoretical foundations of free speech rights
1.4 Freedom of expression and Article 10 ECHR
1.5 Conceptual differences between freedom of expression and media freedom
1.6 Revenge porn, sextortion, trolling and extreme hate speech: online media and internet censorship
1.7 Global internet censorship and governance
1.8 Protecting journalistic rights and sources
1.9 Further reading
2. Confidentiality and Privacy
2.2 Confidentiality: legal conventions and common law remedies
2.3 Official secrets
2.4 Privacy: legal developments since the Human Rights Act 1998
2.5 A child’s right to privacy
2.6 Privacy orders and super injunctions
2.7 The privacy ruling in Cliff Richard
2.8 Internet privacy: the ‘right to be forgotten’
2.9 What is ‘the public interest test’?
2.10 Paparazzi, drones and privacy
2.11 A tort of privacy?
2.12 Analysis and discussion: balancing individual rights to privacy and the media’s freedom of expression.
2.12 Further reading
3.2 History of defamation in common law
3.3 Defamation Act 2013
3.4 Injury to business reputation
3.5 Internet libel: cyber bullies, bloggers and tweeters
3.6 General defences
3.7 Operators of websites
3.8 Defamation in Scotland and Northern Ireland
3.9 Libel tourism and forum shopping
3.10 Further reading
4. Reporting Legal Proceedings
4.2 The open justice principle
4.3 Automatic reporting restrictions and anonymity orders
4.4 Reporting on children and young persons
4.5 Family courts and the Court of Protection
4.6 Military courts and inquests
4.7 Secret courts and public interest immunity
4.8 Further reading
5. Contempt of Court
5.2 History: the common law of contempt
5.3 The Contempt of Court Act 1981: strict liability
5.4 General Defences
5.5 The role of the Attorney General in contempt proceedings
5.6 Juries: social media and the internet
5.7 Courtroom TV
5.8 Further reading
6. Freedom of Public Information and Data Protection
6.2 Historical overview
6.3 The Freedom of Information Act, Environmental Information Regulations and INSPIRE Regulations
6.4 The role of the Information Commissioner’s Office
6.5 Data protection legislation
6.6 Legal challenges and actions
6.7 The surveillance state: Max Schrems and Facebook
6.8 Freedom of information: Scotland and Northern Ireland
6.9 Further reading
7. Regulating the print media
7.2 What is the function of regulators and quangos?
7.3 Models of self-regulation, co-regulation and statutory regulation
7.4 Historic development of print press regulation
7.5 The phonehacking scandal and the Leveson Inquiry
7.6 Press regulation in the United Kingdom post Leveson
7.7 Analysis and discussion: regulating fake news?
7.8 Further reading
8. Regulating the communications industry
8.2 Broadcasting regulations: TV and Radio
8.3 Regulation of public service broadcasting
8.4 Office of Communications: Ofcom
8.5 Regulating paid-for services: who controls YouTube, Netflix and Amazon Prime?
8.6 Regulating online harmful content
8.7 Advertising standards
8.8 Regulating the film and video industry: the British Board of Film Classification
8.9 Party political, elections and referendum broadcast legislation and regulation
8.10 Further reading
9. Intellectual Property Law
9.2 Introduction to copyright law
9.3 The Copyright, Designs and Patents Act 1988
9.4 Duration of copyright
9.5 Passing off
9.6 Copyright infringement, general defences and remedies
9.7 Trade marks, patents and designs
9.8 Disputes about IP rights in a virtual world
9.9 The EU Copyright Directive 2019
9.10 Further reading
10. Entertainment Law
10.2 Phonograms and musical works
10.3 Joint authorship of copyright
10.4 Performers’ rights
10.5 Music piracy: bootlegging, sampling and parody
10.6 Licensing agreements and assignments
10.7 Copyright claims in the entertainment industry
10.8 Performing rights and music collecting societies
10.9 Freedom of expression and the arts: concluding thoughts
10.10 Further reading
Internet Sources and Useful Websites
Ursula Smartt lectures in law at New College of the Humanities – Northeastern University, Boston, USA, and London. She is a Researcher in Media and Entertainment Law at the University of Surrey, Guildford.