Can children’s privacy rights be adequately protected through press regulation? What press regulation can learn from the courts

Abstract

ABSTRACTIn recent years, a number of high-profile privacy cases involving children have come before the English courts. This article draws on developments from ‘PJS v News group, Weller v Associated Newspapers’ and ‘Murray vExpress Newspaper’. In these cases, the courts considered concepts of welfare and well-being when balancing a child’s article 8 right to privacy with the article 10 right to freedom of expression for the media to reporton matters involving or affecting children. The article argues that by contrast, press regulation and its enforcement sometimes lag behind legal developments. The article draws on comparative research of fifty-seven press codes from press regulators around the world to identify patterns and gaps in ethical press standards regarding the representation of children. The article recommends ways to enhance the relevance and robustness of press regulation to better protect and promote the rights and interests of children.