ePrints

Horizontality’s New Horizons – Re-examining Horizontal Effect: Privacy, Defamation and the Human Rights Act – Part I

Lookup NU author(s): Dr Tom Bennett

Downloads

Full text for this publication is not currently held within this repository. Alternative links are provided below where available.

Abstract

This article re-examines the various theories surrounding the horizontal effect of the Human Rights Act, arguing that while the debate seemed to come to a conclusion in the early 2000s, with general acceptance of the notion of "indirect horizontal effect", the reality is that the courts have gone beyond this and given the Act direct horizontal effect. The author considers whether it is time to embrace that notion and use it to strip away the outdated and increasingly unhelpful common law rules of privacy and defamation and replace them with a wide-ranging, overarching action for "unlawful interference with Article 8 rights".

Publication metadata

Author(s): Bennett TDC

Publication type: Article

Publication status: Published

Journal: Entertainment Law Review

Year: 2010

Volume: 21

Issue: 3

Pages: 96-104

Print publication date: 01/01/2010

ISSN (print): 0959-3799

Publisher: Sweet & Maxwell Ltd.

URL: http://lawlib.wlu.edu/CLJC/index.aspx?mainid=517&issuedate=2010-03-25

Share