Raab’s bill of rights and the challenges inherent in attempting a statutory re-balancing of articles 8 and 10 ECHR

Abstract

ABSTRACT This article explores the right-wing tendency to parade the creation of greater protection for free speech as a key basis for revision or repeal of the Human Rights Act. To illustrate that point it takes as a case study the potential change to the balance to be struck between Articles 10 and 8 under the proposed Bill of Rights in the context of the tort of misuse of private information. Given the apparently flagship nature of the provisions aimed at such a re-balancing, and the support it enjoys in particular newspapers, it appears probable that they will re-emerge in some form. The notion that judges have disregarded media freedom and usurped the function of Parliament in creating a European-style privacy law appears to be embedded in right-wing thinking and is therefore unlikely to be discarded. It is a trend that will probably continue, whatever the fate of this particular instrument.