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COMM 2501 (12)

Class 7 February.docx

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Carleton University
Communication Studies
COMM 2501
Klaus Pohle

Class 7 - Invasion of Privacy - Means fundamentally as media is concerned, the right to be left alone - The legal discussion about privacy is a grey area, historically no common law right to privacy in countries that have inherited their legal system from England. There was no anyone could sue for privacy - Example: royal family photographs of fergie by freelance photographer in france which showed her in a compromising position, she wanted to sue for going against her privacy and the judge said no because they were asking in order to protect privacy and there was no law or common law or statute law to protect privacy. That carried over to other countries that base their legal systems from England. - Example: in 1954 a woman was drinking in a tavern in rural Wisconsin, she went to the washroom and the owner followed her and kicked open her washroom door and took a picture of her, when she came out she saw that he was showing the picture to the bar patrons, she sued however her law suit was unsuccessful because the court said there was no right to privacy in common, privacy doesn’t exist, could have sued under something else. - In 1977 Wisconsin finally inhabited a privacy law to not have such abuses\ - The court said that people ought to be able to sue for the invasion of privacy – Canadian court - Now in Ontario people will be able to sue for the invasion of privacy from this decision. - Privacy protected by statute – it does not mean that there is nothing to protect privacy, there is a protection of privacy by statute law, various of jurisdictions and provinces have active statute privacy laws to protect individuals privacy – privacy exists in a very narrow statute law, specifically or indirectly - Criminal code protects privacy indirectly - In England: EU statutes, they come from the member of the European union, European laws that protect privacy also had to be incorporated into English laws - England now has privacy laws as well but they are statute laws - As a result there have been numerous of privacy laws by soccer stars, models, etc. that there privacy has been invaded, some have been successful and some have been not but have to be brought forward under statute laws to have a case - Privacy in Quebec is much more vigorously protected than it is in other provinces, the Quebec privacy system is much more aligned with the European system, i
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