The right to privacy & family life versus the right to free expression: which is to prevail? Alec Samuels reports
The judge is often asked to order that certain matters or information should not be published; the media usually oppose the request. How is the judge to decide between the right to privacy and family life versus the right to free expression? Article 8 or Art 10? Certain propositions, arguable and rational, and supported by authority, are likely to be advanced by the parties: neither article has precedence, there is no hierarchy, the judge has to balance the competing claims.
There must be strong, even compelling, reasons for interfering with a convention right. The judge must bring an intensive focus to bear on the comparative importance of both rights.
Open justice is a fundamental principle in the court setting. The protection of children always ranks as a high priority.
Contemporary
In contemporary society the judge is unlikely to order the suppression of the reporting of human relationships and affairs, especially of celebrities in the public eye, though the disclosure of personal, intimate and sexual details
