THE PROTECTION OF PRIVACY
| Published date | 01 July 1962 |
| Author | BKIAN NEILL |
| Date | 01 July 1962 |
| DOI | http://doi.org/10.1111/j.1468-2230.1962.tb00684.x |
THE
MODERN
LAW
REVIEW
Volume
25
July
1962
No.
4
THE
PROTECTION
OF
PRIVACY
I
IN
1961
Lord Mancroft introduced his Right of Privacy
Bill
into
the House of Lords. Despite the opposition of the Government
Lord Mancroft secured a very substantial majority
on
the Second
Reading,’ but although
it
was briefly considered in Committee,l the
Bill died a natural death at the end of the Session.
The object of the Bill, as stated in the explanatory memorandum
accompanying it, was ‘(to give every individual such further
protection against invasion of his privacy as may be desirable for
the maintenance of human dignity while protecting the right of the
public to be kept informed in all matters in
which
the public may
be reasonably concerned.” The method adopted to achieve this
object was to give a person a right of action
‘(
against any other
person who without his consent publishes of or concerning
him
in
any newspaper
or
by means of any cinematograph exhibition or any
television or sound broadcast any words relating to his personal
affairs or conduct
if
such publication
is
calculated
to
cause
him
distress or embarrassment.” The Bill then provided certain
defences which, broadly speaking, fell under the following headings
:
(a) Unintentional references to the plaintiff;
(b) publications
on
an occasion of absolute or qualified privilege,
(c) publications relating to public figures; and
(d) publications relating to
persons
temporarily
in
the public
eye, for example, criminals
or
persons involved in some general
or personal calamity, or
persons
who had deliberately courted
publicity, which made them, for the time being, the subject
of
“
reasonable public interest.”
The
Bill
recognised, however, that even
persons
in
whose
activities the public have a natural and legitimate interest are
1
74
to
91:
H.L.
Debaten,
Vol.
299,
col.
660.
3
H.L.
Debaten, Vol.
232,
001.
269.
The
words
“if
such
publicstion
. .
.
embarrmement”
were
introduced
by
way
of
amendment
at
the
Committee etage.
for example, fair and accurate reports of
court
proceedings;
898
VOL
!a6
15
To continue reading
Request your trial