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Argue that the developments in the law surrounding an action for breach of confidence have not drawn an equitable and acceptable balance between the privacy of, and free expression about, public figures due to the evolutionary nature of common law.
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Introduction In this essay I will argue that the developments in the law surrounding an action for breach of confidence have not drawn an equitable and acceptable balance between the privacy of, and free expression about, public figures due to the evolutionary nature of common law. Furthermore, due to the unwillingness of the judiciary to address an independent tort of privacy it may well be time for the Government to legislate. I will address this by considering the development of the laws of breach of confidence prior to the introduction of the Human Rights Act in 2000, and by looking at how they have addressed the balance between free expression and a right to privacy in its aftermath. Protection of Privacy through Breach of Confidence. The existence of a right to privacy in English law has been a source of judicial and academic debate for the past two centuries. The law of...
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