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The impact of the image on personal life: is current law out of focus?

The impact of the image on personal life: is current law out of focus?
The impact of the image on personal life: is current law out of focus?
Drawing upon empirical research carried out by the author, this paper demonstrates that the current law in England and Wales on privacy fails to provide appropriate recourse for a person who feels aggrieved at their photograph being taken and shared, particularly where this evokes emotions of embarrassment or humiliation. Whilst some improvements to the current law are discussed to improve protection for the photographed's privacy rights, the main conclusion suggests that a greater focus on education and guidance would be a pragmatic and cost-effective solution, with this shift in emphasis concentrating efforts on the actions of the photographer. In turn, this would protect the interests of the photographed as a form of preventative measure, rather than reactionary move.
1757-7632
Hancock, Holly
76fd4257-4c22-48c2-9770-7ed184420caa
Hancock, Holly
76fd4257-4c22-48c2-9770-7ed184420caa

Hancock, Holly (2021) The impact of the image on personal life: is current law out of focus? Journal of Media Law. (doi:10.1080/17577632.2021.1933704).

Record type: Article

Abstract

Drawing upon empirical research carried out by the author, this paper demonstrates that the current law in England and Wales on privacy fails to provide appropriate recourse for a person who feels aggrieved at their photograph being taken and shared, particularly where this evokes emotions of embarrassment or humiliation. Whilst some improvements to the current law are discussed to improve protection for the photographed's privacy rights, the main conclusion suggests that a greater focus on education and guidance would be a pragmatic and cost-effective solution, with this shift in emphasis concentrating efforts on the actions of the photographer. In turn, this would protect the interests of the photographed as a form of preventative measure, rather than reactionary move.

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More information

Accepted/In Press date: 27 May 2021
e-pub ahead of print date: 27 May 2021
Published date: 27 May 2021

Identifiers

Local EPrints ID: 449781
URI: http://eprints.soton.ac.uk/id/eprint/449781
ISSN: 1757-7632
PURE UUID: 7561299b-487d-4850-9c19-eccf69cfc9f4

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Date deposited: 17 Jun 2021 16:30
Last modified: 18 Jun 2021 16:32

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Contributors

Author: Holly Hancock

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