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European and International Media LawLiberal Democracy, Trade, and the New Media$
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Perry Keller

Print publication date: 2011

Print ISBN-13: 9780198268550

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780198268550.001.0001

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Information Privacy and Reputation

Information Privacy and Reputation

(p.307) 10 Information Privacy and Reputation
European and International Media Law

Perry Keller

Oxford University Press

Chapter Ten concerns the relationship between rights sustaining the liberty to publish and countervailing rights to respect for privacy and reputation. In European economic law, the rules of free movement support the liberty to publish. However, aside from the protection of personal data (Chapter Eleven), little EU law directly addresses the protection of information privacy and reputation, although there are scattered provisions on the right of reply. This area is dominated by European human rights law. Chapter Ten examines the special relationship between respect for privacy and freedom of expression under the ECHR, discussing the importance of 'public figure', 'public interest' and 'public domain' concepts in lowering privacy and libel liability thresholds where good faith and ethical conduct are shown. International law provides a loose parallel. However, trade law is not similarly bound to human rights law. Nor are the ICCPR rights to privacy and freedom of expression similarly merged.

Keywords:   Privacy, reputation, right of reply, public figure, public interest, public domain, public morals, good faith, ethics of journalism

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