Freedom of Expression Case Study Example | Topics and Well Written Essays - 2750 words

Freedom of Expression - Case Study Example It becomes more difficult when the right to free speech competes with another right as will be elucidated on more fully later, the right to privacy. All that should be done is look through jurisprudence until one finds the applicable case with similar facts. In â€Å"hard† cases with novel facts, the role of the judge becomes infinitely more difficult. This is evident, for example, in a case wherein a judge determined that the right to privacy is trumped by the fact that there were legitimate aims to be pursued, as in the case of A v. The United Kingdom, where a Member of Parliament, after identifying the applicant and giving her exact address, proceeded to describe her as a neighbor from hell. In recent times, particularly given the public’s voracious appetite for information on the private lives of celebrities and the entertainment media’s eagerness to satisfy such an appetite, the tension between the right to free speech and the right to privacy grows sharper. Article 8 of the Human Rights Act states that â€Å"Everyone has the right to respect for his private and family life, his home and his correspondence.† It must be underscored that â€Å"although the object of Article 8 is essentially that of protecting the individual against arbitrary interference by the public authorities, it does not merely compel the State to abstain from such interference: in addition to this primarily negative undertaking, there may be positive obligations inherent in an effective respect for private or family life. These obligations may involve the adoption of measures designed to secure respect for private life even in the sphere of the relations of individuals between themselves." It is cause for reflection that three of the recent famous cases involving privacy and free speech were decided in favor of privacy. This paper will discuss first the case of Princess Caroline of Monaco, which was resolved with finality in the European Court of Human Rights. After which, the case of Michael Douglas, Catherine Zeta-Jones and Ok! Magazine against Hello! Magazine will be discussed. Last would be the case of Naomi Campbell. In the first case, Von Hannover v. Germany5, Princess Caroline invokes her right to privacy against several entertainment magazines that published pictures of her in her private moments. A few of these photos showed her with actor Vincent Lindon, and such photos were captioned "these photos are evidence of